DEBORAH K. CHASANOW, District Judge.
Presently pending and ready for resolution in this foreclosure action is the motion filed by Plaintiffs Carrie M. Ward, Jacob Geesing, Richard R. Goldsmith, Jr., Elizabeth C. Jones, Jason Kutcher, Pratima Lele, Ludeen McCartney-Green, and BWW Law Group, LLC, (collectively, "Plaintiffs") to remand this case to the Circuit Court for Montgomery County, Maryland. (ECF No. 26). The issues have been briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, the motion will be granted.
According to Plaintiffs, on December 20, 2006, Tanya Hicks and Pierre Hicks (collectively, "Defendants") executed both a promissory note evidencing their obligation to repay a loan in the amount of $332,800.00 and a deed of trust pledging as security their property located in Damascus, Maryland. (ECF No. 26-2). The note and deed of trust are currently held by U.S. Bank, National Association as Trustee under the Pooling and Servicing Agreement dated as of February 1, 2007, GSAMP Trust 2007-NC1, Mortgage Pass-Through Certificates, Series 2007-NC1. Plaintiffs were appointed as substitute trustees, a few months later defendants defaulted on their payment obligation, and Plaintiffs thereafter initiated an in rem foreclosure action against the property in the Circuit Court for Montgomery County, Maryland. Plaintiffs filed the foreclosure action on November 17, 2015, and Defendants entered their appearance by filing an affidavit on February 2, 2016. On June 23, 2016, Defendants, proceeding pro se and identifying themselves as "counterclaimants," removed the action to this court pursuant to 28 U.S.C. § 1441, asserting federal question jurisdiction under 28 U.S.C. § 1331. (ECF No. 1). Plaintiffs filed their pending motion to remand on July 14, 2016. (ECF No. 26)
When a plaintiff challenges the propriety of removal, the defendant bears the burden of proving proper removal. See Dixon v. Coburg Dairy, Inc., 369 F.3d 811, 815 (4
As an initial matter, the removal is untimely. Pursuant to 28 U.S.C. § 1446(b), a notice of removal must be filed within thirty days after receipt of the initial pleading by the defendant, and Defendants did not do so here. Defendants filed the notice of removal on June 20, 2016, which was more than four months after Defendants entered their appearance in the case. When a defendant fails to remove a case before the close of the thirty-day window, the defendant loses the right to remove a case. See McKinney v. Bd. Of Trustees of Mayland Cmty. Coll., 955 F.2d 924, 925 (4
Even if the removal had been timely, it would not have been proper. The removal statute provides, in relevant part:
28 U.S.C. § 1441(a). Federal district courts have "original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. Such jurisdiction arises from "those cases in which a well-pleaded complaint establishes either that federal law creates the cause of action or that the plaintiff's right to relief necessarily depends on resolution of a substantial question of federal law." Franchise Tax Bd. V. Constr. Laborers Vacation Trust, 463 U.S. 1, 27-28 (1983); see also In re Blackwater Sec. Consulting, LLC, 460 F.3d 576, 584 (4
Here, there is no federal question presented by the Order to Docket Foreclosure of Residential Property or the accompanying papers filed by Plaintiffs in state court. To the contrary, the pleading cites various provisions under the Real Property Article of the Annotated Code of Maryland and the Maryland Rules as grounds for the foreclosure action. To the extent that Defendants challenge Plaintiffs' ability to enforce the promissory note and deed of trust, such determinations are governed exclusively by Maryland law. See Md. Code Ann., Comm. Law §§ 3-101, et seq. In their notice of removal, Defendants purport to assert counterclaims based on the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692, et seq., which, they contend, serve as the basis for removal to this court. The FDCPA is a safeguard for consumers from abusive and deceptive debt collection practices by debt collectors. Bassoff v. Treanor, Pope & Hughes P.A., No RDB-14-3753, 2015 WL 8757651, at *5 (D.Md. Dec. 15, 2015) (citing United States v. Nat'l Fin. Servs. Inc., 98 F.3d 131, 135 (4
For the foregoing reasons, Plaintiffs' motion to remand will be granted. A separate order will follow.