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Aurora Loan Servs. v. Lawson

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION
Apr 11, 2013
CIVIL ACTION NO. 5:12-CV-463 (MTT) (M.D. Ga. Apr. 11, 2013)

Opinion

CIVIL ACTION NO. 5:12-CV-463 (MTT)

04-11-2013

AURORA LOAN SERVICES, Plaintiff, v. WANDA E. LAWSON Defendant.


ORDER

This matter is before the Court on the Defendant's Notice of Removal. (Doc. 1). As far as the Court is able to determine, a foreclosure action was filed against the Defendant by Aurora Loan Services, LLC ("ALS") in the Superior Court of Putnam County. The superior court entered an order on November 8, 2012, against the Defendant granting a writ of possession to ALS.

This Court does not have subject matter jurisdiction over ALS's state law foreclosure action. Although the Defendant asserts that ALS has violated 15 U.S.C. § 1692 and the Due Process Clause of the Fourteenth Amendment, federal jurisdiction is based upon the face of the Plaintiff's complaint, and "a counterclaim . . . cannot serve as the basis for 'arising under' jurisdiction." Holmes Grp., Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 831 (2002). Moreover, the case was not properly removed because the Defendant, presumably a resident of Georgia, cannot remove a Georgia state court case in which she is the defendant. 28 U.S.C. § 1441(b).

Accordingly, this case is not properly before the Court, and this action is REMANDED.

______________________

MARC T. TREADWELL, JUDGE

UNITED STATES DISTRICT COURT


Summaries of

Aurora Loan Servs. v. Lawson

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION
Apr 11, 2013
CIVIL ACTION NO. 5:12-CV-463 (MTT) (M.D. Ga. Apr. 11, 2013)
Case details for

Aurora Loan Servs. v. Lawson

Case Details

Full title:AURORA LOAN SERVICES, Plaintiff, v. WANDA E. LAWSON Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

Date published: Apr 11, 2013

Citations

CIVIL ACTION NO. 5:12-CV-463 (MTT) (M.D. Ga. Apr. 11, 2013)