IKUTA, Circuit Judge:
Scott and Sonia Sexton appeal from the district court's summary judgment in favor of NDEX West, LLC, OneWest Bank, FSB, and Stewart Title Guaranty Company in an action alleging wrongful foreclosure and related claims that the defendants had removed to federal court. The Sextons argue that under the "prior exclusive jurisdiction" doctrine, see Chapman v. Deutsche Bank Nat'l Trust Co., 651 F.3d 1039, 1043 (9th Cir.2011), or under the Colorado River abstention doctrine, see Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 818, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), the district court should have remanded sua sponte. Because neither doctrine applies here, we affirm.
Scott and Sonia Sexton bought a home in Reno, Nevada, in April 2007, and financed the purchase with a loan of $752,000 from IndyMac Bank, secured by a deed of trust on the home. The original deed of trust identified IndyMac Bank as the lender, Stewart Title as the trustee, and Mortgage Electronic Registration Systems (MERS) as the beneficiary, serving solely as nominee for IndyMac. In August 2010, after the Sextons had fallen behind in their loan payments, an agent for the trustee sent the Sextons a notice of breach and election to sell the house under the deed of trust, pursuant to Nevada's statutory provisions governing non-judicial foreclosure proceedings. See Nev.Rev.Stat. § 107.080.
After mediation to avoid foreclosure failed, the Sextons filed a complaint in Nevada state court against various parties associated with the loan and deed of trust.
The defendants removed the action to federal court on diversity grounds under 28 U.S.C. § 1441.
On appeal, the Sextons argue that the district court should have remanded the action sua sponte to state court under two different prudential rules directing federal courts to abstain from adjudicating actions involving property that is the subject of concurrent state proceedings: (1) the prior exclusive jurisdiction doctrine, and (2) the Colorado River abstention doctrine. We consider each in turn.
Under the Supreme Court's long-standing prior exclusive jurisdiction doctrine, if a state or federal court "`has taken possession of property, or by its procedure has obtained jurisdiction over the same,'" then the property under that court's jurisdiction "`is withdrawn from the jurisdiction of the courts of the other authority as effectually as if the property had been entirely removed to the territory of another sovereign.'" State Engineer v. S. Fork Band of Te-Moak Tribe of W. Shoshone Indians, 339 F.3d 804, 809 (9th Cir.2003) (emphasis omitted) (quoting Palmer v. Texas, 212 U.S. 118, 125, 29 S.Ct. 230, 53 L.Ed. 435 (1909)). That is, when "one court is exercising in rem jurisdiction over a res, a second court will not assume in rem jurisdiction over the same res." Chapman, 651 F.3d at 1043 (internal quotation marks omitted).
Relying on this doctrine, the Sextons claim that because they filed a complaint in state court challenging the defendants' efforts to continue with foreclosure proceedings, the state court obtained in rem jurisdiction over their home (the res in this case), and the district court was "precluded
The Sextons' argument, however, is squarely foreclosed by our case law. The doctrine of prior exclusive jurisdiction applies to a federal court's jurisdiction over property only if a state court has previously exercised jurisdiction over that same property and retains that jurisdiction in a separate, concurrent proceeding. See, e.g., Chapman, 651 F.3d at 1042; One 1985 Cadillac Seville, 866 F.2d at 1144-45.
To avoid this conclusion, the Sextons contend that State Engineer held that the prior exclusive jurisdiction rule applies to litigation in federal court even where the state court is not concurrently considering an action involving the same property. We disagree, because State Engineer did in fact involve concurrent state and federal actions. In State Engineer, the State of Nevada brought a contempt proceeding against an Indian tribe to enforce a water-rights decree in Nevada's Sixth Judicial District Court, which had exercised jurisdiction over that decree for seventy years. See 339 F.3d at 807-08. After the federal government was joined as a defendant, it removed the action to federal court under 28 U.S.C. § 1442. See id. at 808. The district court remanded the case to state court, and the defendants appealed. We affirmed the district court's remand under the prior exclusive jurisdiction doctrine, explaining that the state court had continuing jurisdiction over the water-rights decree that was the basis of the contempt action at issue, and the action before the district court arose from enforcement of the same water-rights decree. See id. at 811. We noted that absent a remand, the district court "hearing the second suit" would disturb the state court's jurisdiction over the property (i.e., the river and tributaries to which the decree applied). See id. Accordingly, State Engineer does not support the Sextons' argument.
Although the prior exclusive jurisdiction doctrine is not applicable here, the Sextons nevertheless argue that the Colorado River abstention doctrine prevents the district court from asserting jurisdiction over the complaint. See 424 U.S. at 818, 96 S.Ct. 1236. We also reject this argument. In Colorado River, the Supreme Court reviewed its precedent and derived a list of factors that weighed in favor of dismissing a federal suit "due to the presence of a concurrent state proceeding." Id. Specifically,
Consistent with those principles, we have held that where there are "pending state court proceedings" involving a single property, the first Colorado River factor bars us from exercising jurisdiction over that property because "the forum first assuming custody of the property at issue has exclusive jurisdiction to proceed." Lusardi, 976 F.2d at 588-89; see also id. at 589 (holding that when the first Colorado River factor is applicable, it is "dispositive," and consideration of the other factors is unnecessary). Conversely, as with prior exclusive jurisdiction, Colorado River abstention does not apply absent "pending state court proceedings" involving the same property. Cf. id.; see also Kirkbride v. Cont'l Cas. Co., 933 F.2d 729, 734 (9th Cir.1991).
Because the Sextons have not shown that any state proceeding relating to their house is pending concurrently with federal proceedings, the Colorado River abstention doctrine is not implicated any more than the prior exclusive jurisdiction doctrine. Accordingly, we reject the Sextons' Colorado River abstention claim as well.