Hey Gumbo5 – All Your Friends – the Bankster Foreclosure Mill Lawyers – Ain’t Listenin’

LIT COMMENTARY (2023)

Who is Domingo Carmona?

JAN 2, 2023

Carmona v. Lakeview Loan Servicing, LLC

(7:22-cv-00033)

District Court, S.D. Texas

JAN 21, 2022 | REPUBLISHED BY LIT: JAN 23, 2022

NOTICE OF REMOVAL

Defendant Lakeview Loan Servicing, LLC. (“Lakeview”) files this Notice of Removal pursuant to diversity jurisdiction under 28 U.S.C. § 1332.

I. INTRODUCTION

1. On August 29, 2019, Plaintiff Domingo Carmona (“Plaintiff”) filed his Original Petition and Request for Temporary Restraining Order (“Petition”) in the County Court at Law No. 9 of Hidalgo County, Texas under Cause No. CL-19-4619-H.1

2. In the Petition Plaintiff seek injunctive relief preventing the foreclosure sale of the real property located at 3121 Vera Ave, Edinburg, Hidalgo County, Texas (the “Property”). Plaintiff also seeks to recover damages as well as attorneys’ fees.

3. Pursuant to 28 U.S.C. § 1446(a), copies of all process, pleadings, orders, and other papers filed in the state court action and obtained by Defendant are attached hereto and marked as Exhibit A.

How can class action lawyers earn 25% of the settlement sum in 2022 when;

(i) in the Enron case, it was < 10%
(ii) financial advisors obtain 1-3% on an investment sum

We are pretty sure we have the answer….#Texans pic.twitter.com/i98rzE9KtH

— LawsInTexas (@lawsintexasusa) January 23, 2022

II. TIMELINESS OF REMOVAL

4. The Petition in this action was filed on August 29, 2019 but was not served on Defendant Lakeview.2 Therefore, this Notice of Removal is timely.

III. BASIS FOR REMOVAL: DIVERSITY JURISDICTION

5. This Court has original jurisdiction over this lawsuit pursuant to 28 U.S.C. § 1332 (diversity jurisdiction). The requirements for diversity jurisdiction are met in this case, as Plaintiffs and the only properly-named Defendant, Lakeview, are completely diverse in citizenship and the amount in controversy, exclusive of interests and costs, exceeds $75,000.00.

A. Complete Diversity Exists.

6. Plaintiff is a citizen of Texas, residing in Hidalgo County, Texas.3

7. Defendant Lakeview Loan Servicing, LLC is a Delaware limited liability company with its principal place of business in the State of Florida. None of the members of Lakeview are citizens of Texas. Lakeview Loan Servicing is not a citizen of the State of Texas for diversity purposes.

B. Defendant David Karle was improperly joined because substitute trustees cannot be liable to the borrower as a matter of law.

8. Under the doctrine of improper joinder – sometimes called fraudulent joinder – diversity jurisdiction cannot be destroyed when a plaintiff improperly joins a non-diverse defendant.4

Improper joinder occurs when there is no reasonable possibility that the plaintiff can establish a cause of action against the non-diverse party in state court.5

LIT suggests the amount of the controversy at $75,000 to remove a case to federal court is outdated and should have another digit added to $750,000 – based on the home values in 2022 raging higher every minute due to the fact the gov’t and bankers stole CITIZENS homes post 2008. pic.twitter.com/NvZynnvYm1

— LawsInTexas (@lawsintexasusa) January 23, 2022

9. Defendant David Karle is named in his capacity as Substitute Trustee, and no allegations are made against him in the Petition.6 Without stating any allegations against Defendant David Karle, the Plaintiff cannot prevail on a claim against him.7

10. Because Plaintiff is a citizen of Texas, Lakeview is a citizen of Florida, and David Karle is improperly joined, complete diversity of the Parties exists.

C. The Amount in Controversy Exceeds $75,000.00.

11. In the Original Petition, Plaintiff seeks injunctive relief to enjoin Lakeview from taking any action to foreclose the Property.8 When such relief is sought, the amount in controversy is measured by the value of the object of the litigation.9

When the object of the mortgagors’ litigation is the protection of their entire property, the fair market value of the property is the proper measure of the amount in controversy.10 Here, the value of the Property is at least $164,434.11

Therefore, based on the amount of monetary damages Plaintiff seeks and the value of the injunctive relief sought, the amount in controversy exceeds $75,000.00 and removal is proper.

Is @bradleylegal the only foreclosure biglaw legal service and creditor rights firm that boldly brands their legal filings so you know WHO STOLE YOUR HOME? We see their logo on all complaints. #SuperBowlLVI #appellatetwitter #txlege @SenatorDurbin pic.twitter.com/zfvxs51YUP

— LawsInTexas (@lawsintexasusa) January 23, 2022

V. VENUE

12. Venue is proper in the Southern District of Texas, McAllen Division pursuant to 28 U.S.C. § 1441(a) because Hidalgo County, Texas is located within this District and cases arising from Hidalgo County, Texas are properly assigned to the Southern District of Texas.12

V. ADDITIONAL REQUIREMENTS

13. Plaintiffs have not demanded a jury trial.

14. Written notice of removal will be provided to Plaintiff and filed with the County Court of Hidalgo County, Texas contemporaneously with this pleading.

Having satisfied the requirements for removal under 28 U.S.C. §§ 1441 and 1332, Defendant Lakeview Loan Servicing, LLC gives notice that Cause No. CL-19-4619-H, now pending in the County Court at Law No. 9 of Hidalgo County, Texas, has been removed to this Court.

Respectfully submitted,

By: /s/ S. David Smith

S. DAVID SMITH
Texas Bar No. 18682550
Fed. I.D. No. 14233
sdsmith@bradley.com