U.S. Bank Trust National Association v. 2105 NW 1 LLC, et al.

Summary

The United States District Court for the Southern District of Florida remands a removed mortgage foreclosure action to Florida state court. The court concludes that the removing defendant failed to establish federal-question jurisdiction under the Fair Debt Collection Practices Act or diversity jurisdiction under 28 U.S.C. § 1332. The court closes the federal case, terminates all deadlines and hearings, and denies pending motions as moot.

Holdings

1. The court lacked federal-question jurisdiction because the complaint asserted claims exclusively under Florida law and did not allege a claim arising under the Fair Debt Collection Practices Act or another provision of federal law.
2. The court could not establish diversity jurisdiction because the removing defendant failed to show complete diversity of citizenship among all parties.
3. Because federal subject-matter jurisdiction was not established, the action was required to be remanded to the state court from which it was removed.

Questions Presented

1. Whether the federal court had federal-question jurisdiction over the removed mortgage foreclosure complaint under 28 U.S.C. § 1331.
2. Whether the federal court had diversity jurisdiction under 28 U.S.C. § 1332.
3. Whether the action should be remanded when the removing defendant failed to establish subject-matter jurisdiction.

Disposition

remanded