WILLIAM S. DUFFEY, Jr., District Judge.
This matter is before the Court on Defendant Bayview Loan Servicing, LLC's ("Bayview" or "Defendant") Notice of Removal [1].
On April 1, 2015, Plaintiffs Brenda M. Kelly and Lorin Kelly ("Plaintiffs") filed their Complaint against Bayview in the Superior Court of Gwinnett County, Georgia.
On May 4, 2015, Defendant removed the Gwinnett County Action to this Court based on federal question and diversity of citizenship jurisdiction. Defendant claims that removal is proper because Plaintiffs' "state-law breach of contract and wrongful foreclosure claims are entirely based on Bayview's alleged non-compliance with the federal HUD regulations . . . [which raises] a substantial question of federal law." (Notice of Removal at 5). Bayview also asserts that complete diversity exists among the parties because Plaintiffs "live in Fulton County" and Bayview is a "foreign corporation," and that the amount in controversy exceeds $75,000.00. (
Federal courts "have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party."
"[A]ny 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 . . . 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). Federal district courts have original subject-matter jurisdiction in "all civil actions arising under the Constitution, laws or treaties of the United States," 28 U.S.C. § 1331, and in "all civil actions where the matter in controversy exceeds the sum or value of $75,000. . . and is between citizens of different States." 28 U.S.C. § 1332(a)(1).
Defendant asserts that the Court has federal subject-matter jurisdiction over this action based on the federal question and diversity of citizenship. The Court first considers whether it has subject-matter jurisdiction based on the existence of a federal question.
It is undisputed that Plaintiffs' Complaint asserts only state-law claims.
Plaintiffs asserts claims for breach of contract and wrongful foreclosure based on Bayview's alleged noncompliance with HUD regulations which are incorporated by reference into the Security Deed and are prerequisites to foreclosure. Although it appears that Plaintiffs' claims "necessarily raise" the federal issue of Bayview's compliance with HUD regulations, the Court concludes that the claimed federal issue in this case is not substantial. "The substantiality inquiry . . . looks to the importance of the [federal] issue to the federal system as a whole."
Here, Plaintiffs assert that Bayview did not comply with HUD regulations when it failed to provide loan information to Plaintiffs and did not arrange an individual loan consultation; failed to adapt its collection techniques to the individual differences of Plaintiffs or take into account their individual circumstances; failed to have a face-to-face meeting with Plaintiffs before three full monthly installments due on the mortgage were unpaid; failed to inform Plaintiffs of other available assistance and provide the names and addresses of HUD officials to contact; failed to evaluate loss mitigation techniques and take the appropriate loss mitigation action; and failed to ensure that all servicing requirements were met before initiating foreclosure proceedings. (Compl. ¶¶ 18-25; 37-42; 54-55) (citing 24 C.F.R. §§ 203.508, 203.600, 203.604-606). Plaintiffs' Complaint shows that the issue of Bayview's compliance is factual, rather than a dispute over the meaning or interpretation of HUD regulations. This dispute is the sort of "fact-bound and situation-specific" claim and its resolution is unlikely to have any impact on the development of federal law.
The Court finds that Plaintiffs' breach of contract and wrongful foreclosure claims, even if they necessarily raise issues of federal law, the issues of compliance with HUD regulations would not be a "substantial question" of federal law. The fact-specific nature of Bayview's compliance with HUD regulations, the small likelihood that resolution of it would impact future cases, and the weak interest of the government in federal adjudication of Plaintiffs' state law claims support that the federal law question in this case is not substantial.
Because the Complaint does not raise a federal question, the Court has subject matter jurisdiction in this case only if there is diversity jurisdiction. Diversity jurisdiction exists where the amount in controversy exceeds $75,000 and the suit is between citizens of different states. 28 U.S.C. § 1332(a). "Diversity jurisdiction, as a general rule, requires complete diversity — every plaintiff must be diverse from every defendant."
Here, the parties fail to adequately plead the citizenship of Bayview. Although the parties state that it is a "foreign corporation," Bayview's name — Bayview Loan Servicing, LLC — plainly shows that it is not a corporation but rather a limited liability company. (
The Court requires further information regarding Bayview's members and their citizenship to determine whether diversity jurisdiction exists in this matter.
Accordingly, for the foregoing reasons,