Green Tree Servicing LLC v. Dillard

Summary

The court granted Green Tree Servicing LLC’s unopposed motion to remand a New Jersey mortgage foreclosure action removed by pro se defendants. It held that the state-law foreclosure complaint did not present a federal question and that federal defenses or counterclaims could not establish removal jurisdiction; the case was remanded to the New Jersey Superior Court.

Holdings

1. The complaint did not present a federal question because it relied exclusively on state law and pleaded no claim under the FDCPA, the Consumer Credit Cost Disclosure Act, or any other federal statute. The federal court therefore lacked subject matter jurisdiction and was required to remand the action.
2. Defendants could not create federal jurisdiction by asserting federal defenses or counterclaims to Plaintiff's state-law foreclosure complaint.
3. Plaintiff waived its procedural challenge based on the rule of unanimity by raising it more than 30 days after removal.

Questions Presented

1. Whether the state-law mortgage-foreclosure complaint presented a federal question sufficient to support removal under 28 U.S.C. § 1331.
2. Whether anticipated federal defenses or federal counterclaims could create federal-question jurisdiction under the well-pleaded complaint rule.
3. Whether Plaintiff's challenge based on the rule of unanimity was timely under 28 U.S.C. § 1447(c).

Disposition

remanded