Hernandez v. US Bank, N.A.

318 F. Supp. 3d 558
CourtDistrict Court, D. Rhode Island
DecidedJune 18, 2018
DocketC.A. No. 18–121 WES
StatusPublished
Cited by3 cases

This text of 318 F. Supp. 3d 558 (Hernandez v. US Bank, N.A.) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hernandez v. US Bank, N.A., 318 F. Supp. 3d 558 (D.R.I. 2018).

Opinion

WILLIAM E. SMITH, Chief Judge.

Plaintiffs filed this action in state court to rescind what they consider a faulty foreclosure. (Compl., ECF No. 1-1.) After the case was filed, but not before the state court entered a default against Ocwen Loan Servicing, LLC, ("Ocwen Loan"), Defendants removed it to this Court. (Notice of Removal, ECF No. 1.) Pending now are Plaintiffs' Motion to Remand (ECF No. 8) and Ocwen Loan's Motion to Vacate Entry of Default (ECF No. 5). Also pending is the parties' Joint Motion to Rescind Foreclosure (ECF No. 15). The Court GRANTS Plaintiffs' Motion, remanding the case to state court and rendering the two later-filed Motions moot.

I. Background

This case started with Plaintiffs filing their complaint in Rhode Island Superior *559Court on December 13, 2017. (Defs.' Mem. of Law in Supp. of Obj. to Pls.' Mot. to Remand 2, ECF No. 9-1.) The complaint alleges-and it is undisputed for purposes of Plaintiffs' Motion-that US Bank, N.A., ("US Bank") was the last to hold and Ocwen Loan the last to service Plaintiffs' mortgage. (Compl. ¶ 6.) The (previously) mortgaged property is located at 176-178 Grove Street in Woonsocket, Rhode Island, ("Property"), and was Plaintiffs' primary residence before US Bank bought it at a foreclosure sale. (Id. at ¶¶ 2, 5, 16-17.)

Plaintiffs claim that Defendants unlawfully foreclosed on the Property. (Id. at ¶¶ 18-19.) They ask the Court to rescind the foreclosure sale and to award an unspecified amount of compensatory and punitive damages, and attorneys' fees. (Id. at ¶¶ 1[a]-5[a].) Notably, Plaintiffs do not ask that the mortgage and note be invalidated. (See id.; Pls.' Mem. in Supp. of Mot. to Remand 2-3, ECF No. 8-1 ("Pls.' Mem.").) Nor do they ask that Defendants be prevented from foreclosing on the mortgage. (See Compl. ¶¶ 1[a]-5[a]; Pls.' Mem. 2-3.) What they ask is that the status quo ante be restored, so that if Defendants foreclose, they do so in accordance with the law. (See Compl. ¶¶ 1[a]-5[a]; Pls.' Mem. 2-3.)

The parties agree that they are completely diverse. (See Compl. ¶¶ 2-4; Notice of Removal 1-2.) Plaintiffs argue, however, that Defendants cannot remove this case under 28 U.S.C. § 1441(a) because the amount in controversy does not exceed $75,000 as required by 28 U.S.C. § 1332(a). (Pls.' Mem. 2.) Plaintiffs did not demand a specific amount in their complaint. (See Compl. ¶¶ 1[a]-5[a].) But Defendants averred in their Notice of Removal that the amount in controversy exceeds $75,000, as evidenced by the mortgage's size ($279,000) and the Property's current value ($139,800). (Notice of Removal 2-3.)

II. Discussion

The jurisdiction of federal courts is limited; "[i]t is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994) (citations omitted). In situations like this one-where removal is based on diversity and the complaint fails to provide an amount in controversy, but the notice of removal claims it exceeds $75,000-"removal of the action is proper ... if the district court finds, by the preponderance of the evidence, that the amount in controversy exceeds [$75,000]." 28 U.S.C. § 1446(c)(2)(B) ; see also Dart Cherokee Basin Operating Co. v. Owens, --- U.S. ----, 135 S.Ct. 547, 554, 190 L.Ed.2d 495 (2014). And when the relief sought is declaratory or injunctive, "the amount in controversy is measured by the value of the object of the litigation." Hunt v. Wash. State Apple Advert. Comm'n, 432 U.S. 333, 347, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1977).

The object of this litigation is not the Property at 176-178 Grove Street. At least not exactly. Cf. Bobola v. Wells Fargo Bank, C.A. No. 14-14735-MLW, 2016 WL 4844039, at *3 (D. Mass. Sept. 13, 2016) ("It is reasonable to designate the amount in controversy as the value of the mortgage where the Defendants' mortgage interest would be extinguished if the Plaintiffs were ultimately successful. In such a case, it is the property itself that is the object of the litigation ...." (citation, alteration, and quotation marks omitted) ). The complaint does not demand that Defendants' interest in the Property be extinguished. See id. at *4 (finding amount of mortgage-loan modification for which mortgagor eligible was proper amount in controversy, where "the relief requested in *560the Complaint, if granted, would not extinguish [mortgagee]'s interest in the Property." (quotation marks omitted) ). Nor does it ask the Court to prevent Defendants from selling the Property at a foreclosure sale. Rather, it asks for the Court to return the parties to the positions they occupied before the sale-when Defendants, as mortgagee and note-holder, held legal title to the Property and Plaintiffs, as mortgagors, equitable title. See Lister v. Bank of Am., 790 F.3d 20, 25 (1st Cir. 2015) (explaining that Rhode Island "mortgage law splits the title to a property in two parts: the legal title, which becomes the mortgagee's and secures the underlying debt, and the equitable title, which the mortgagor retains." (alteration and quotation marks omitted) ); Milton Sav. Bank v. United States

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Bluebook (online)
318 F. Supp. 3d 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-us-bank-na-rid-2018.