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Julie M. Carlon, and Christine v. Taylor

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 22, 2011

JULIE M. CARLON, AND CHRISTINE M. CARLON,
PLAINTIFFS,
v.
TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, A BUSINESS ENTITY; CENTRAL LOAN ADMINISTRATION AND REPORTING, A BUSINESS ENTITY; AND OCWEN LOAN SERVICING, LLC, A BUSINESS ENTITY; AND DOES 1 THROUGH 100, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER REMANDING CASE

Defendant Ocwen Loan Servicing LLC ("Ocwen") removed this case from state court under 12 U.S.C. § 1452(f), on February 18, 2011.

However, this case will be remanded sua sponte since Ocwen has not shown that this case was removable under 12 U.S.C. § 1452(f). Thisstatute prescribes:

[A]ll civil actions to which the [Federal Home Loan Mortgage Corporation ("FHLMC")] is a party shall be deemed to arise under the laws of the United States, and the district courts of the United States shall have original jurisdiction of all such actions, without regard to amount or value; and . . . any civil or other action, case or controversy in a court of a State, or in any court other than a district court of the United States, to which the [FHLMC] is a party may at any time before the trial thereof be removed by the [FHLMC] . . . to the district court of the United States for the district and division embracing the place where the same is pending.

12 U.S.C. § 1452(f).

Ocwen's following conclusory statements in its removal petition are its only support for removal: the federal court "has original jurisdiction under 12 U.S.C. section 1452(f) [since] [t]hissection grants original jurisdiction to United States district courtsover [a] civil action to which FHLMC is a party." (Notice of Removal ¶2.) These conclusory statements are woefully insufficient to justifyconcluding that FHLMC is a party in this case. Nothing in Plaintiffs'Complaint identifies FHLMC as a party.

Therefore, this case is remanded to the Superior Court of California, County of Sacramento, from which it was removed.

20110222

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