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9th Circuit Holds Banksters Can Use DIVERSITY to Remove to Fed CT 3/27/14!

March 28, 2014

View Preemption NBA HOLA 2923.5 Arguments Against It on Scribd.

URGENT! Very important. YOU MUST NAME A DEFENDANT WHO IS A CALIFORNIA RESIDENT IF YOU WANT TO KEEP YOUR CASE IN STATE COURT.

Usually the banksters hire a local trustee, so you MUST NAME THE TRUSTEE (check where its "main office" is located as that is what the standard 9th. cir. looks at now).

You have STANDING to name trustee because that is entity trying to "cause you imminent harm" i.e. loss of your home; if trustee's main office is in another state you MUST NAME another person or entity whose "main office" is in CALIFORNIA, such as the "mortgage broker" who negotiated the loan, the mortgage AGENT (they are usually always LOCAL) etc.

Also, if you ALLEGE ANY FEDERAL cause of action, the bankster will REMOVE you to federal court, where they are more likely to win on 12b6 motion to dismiss.

Also, if they try to allege they are a "National Bank" and therefore fed cts have exclusive jurisdiction make arguments we made in Attached OPPOSIITION to demurrer in the Carole Alles case.

(I settled ALLES with Wells when they offered to modify - her pymt went down from $1550 to $643+impounds for tax & fire insurance to TOTAL $943/mo) an offer she could not refuse. We saved it.

Rouse, et al. v. Wachovia Mortgage

Court: U.S. 9th Circuit Court of Appeals
Docket: 12-55278 Opinion Date: March 27, 2014
Judge: McKeown
Areas of Law: Banking, Civil Procedure

Plaintiffs filed suit against Wells Fargo, raising multiple causes of action under state and federal law pertaining to plaintiffs' home loan and deed of trust. At issue was whether, under 28 U.S.C. 1348, a national bank is a citizen of both the state in which its principal place of business is located as designated in the banks' articles of association. The court concluded that, under section 1348, a national bank is a citizen only of the state in which its main office is located. Therefore, the district court had diversity jurisdiction because there was complete diversity between plaintiffs, citizens of California, and Wells Fargo, a citizen of South Dakota. Accordingly, the court reversed the district court's judgment to the contrary and remanded for further proceedings.

 

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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