DONALD L. GRAHAM, District Judge.
On or about October 2, 2013, pro se Plaintiffs Richard L Coffey and Pamela B. Coffey ("Plaintiffs" or the "Coffeys") filed their amended complaint in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County, Florida alleging an action for quiet title to property located in Ft. Pierce, Florida. Defendant Nationstar was served with a copy of the summons and complaint on October 8, 2013. Defendant FNMA was served on October 11, 2013. On November 7, 2013, Defendants filed their timely notice of removal [D.E. 1]. Plaintiffs, who are now represented by counsel, filed the instant motion moving this Court for an order remanding this action for lack jurisdiction. Plaintiffs argue that there is no federal question and that because they are not seeking a dollar amount as part of their quiet title action, the amount of damages as alleged does not meet the $75,000 threshold. Defendants respond that removal is not based on the existence of a federal question and that the factual allegations in the notice of removal regarding the amount of controversy are not addressed nor properly challenged by Plaintiffs' motion [D.E. 5].
"Any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending." 28 U.S.C. § 1441(a). According to 28 U.S.C. § 1332(a), "[t]he District Courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between... citizens of different states ..." 28 U.S.C. § 1332(a). "A removing defendant bears the burden of proving proper federal jurisdiction." Leonard v. Enterprise Rent A Car, 279 F.3d 967, 972 (11th Cir.2002). The only disputed jurisdictional issue is the amount in controversy.
While Plaintiffs do not specify the amount of damages they seek in their Complaint, they seek equitable relief in the form of an order quieting title thereby holding their mortgage released and discharged. The record evidence establishes that the current value of the Coffey's mortgage is $86,000 [D.E. 5-1, 5-2].
Defendants contend that the market value of the subject property of this action exceeds $75,000. In support thereof, Defendants provide a true and correct copy of the broker price opinion (BPO), that was attached to the notice of removal, along with the affidavit of Calude Facey, the Florida State certified residential real estate broker who prepared the report, which values the property at $86,000. [see D.E. 5-1 and 5-2]. Here, the amount in controversy is measured by the value of the object of the litigation, "that is, the property's undisputed fair market value." Ballew v. Roundpoint Mortgage Servicing Corp., 491 Fed.Appx. 25, 26 (11th Cir.2012). The Court notes that Plaintiff has not addressed, challenged, or contradicted Defendants' damages calculations through a Reply brief or otherwise. Based on the foregoing, the Court finds that Defendants have established by a preponderance of the evidence that the amount in controversy exceeds $75,000. Accordingly, Plaintiffs' motion to remand is denied.
Federal Rule of Civil Procedure 12(b)(6) provides that a complaint is to be dismissed
Plaintiffs bring a quiet title action with the filing of a pro se amended complaint. However, as conceded, Plaintiffs failed to state a claim in compliance with Rule 8. Specifically, Plaintiffs do not allege facts that would establish that a cloud of title exists with regard to their property. Plaintiffs' complaint therefore is dismissed without prejudice.
Accordingly, it is hereby