Summary
The United States District Court for the Eastern District of Michigan granted Nationstar Mortgage, LLC’s motion to remand a removed state-court action. The court held that removal was improper because Flagstar Bank and MERS had not joined in or consented to removal within the statutory thirty-day period, and denied Nationstar’s remaining motion as moot.
Topics
Practice areas
Questions Presented
- Whether the case was properly removed when the defendants did not unanimously join in or consent to the notice of removal.
- Whether Nationstar's pending motion to quash service and deny or set aside entry of default should remain pending after remand.
Holdings
- All defendants were required to file, or join in, the notice of removal within the applicable thirty-day period, and the failure of Flagstar and MERS to join in or consent to removal rendered the removal improper.
- The action must be remanded to Wayne County Circuit Court because the defendants failed to comply with the rule of unanimity.
- Nationstar's motion to quash service and deny or set aside entry of default was denied as moot after the case was remanded.
Key quotations
“This provision has been interpreted to require that defendants unanimously consent to removal.” (Section III)
“Failure to obtain unanimous consent forecloses the opportunity for removal under Section 1446.” (Section III)
Factual background
February Lamar filed a lawsuit in Wayne County Circuit Court against Flagstar Bank, FSB, Mortgage Electronic Registration Systems, Inc., and Nationstar Mortgage, LLC. Although attorney Ryan J. VanOver filed a notice of removal purporting to act for all defendants, Flagstar and MERS had retained separate counsel and had not authorized him to remove the case on their behalf. Neither Flagstar nor MERS joined in or consented to removal within thirty days after receiving notice of the complaint.
Procedural history
February Lamar initiated the action in Wayne County Circuit Court on September 3, 2025. Defendants received notice of the complaint on September 23, 2025, and an attorney filed a notice of removal on behalf of all defendants on October 23, 2025. Nationstar then moved to remand, explaining that Flagstar and MERS had separate counsel and had not joined in or consented to removal. The district court granted remand and denied Nationstar's remaining motion to quash service and challenge the entry of default as moot.
Remand instructions
The matter is remanded to Wayne County Circuit Court. Nationstar's pending federal motion to quash service and deny or set aside entry of default is denied as moot.