HSBC Bank USA, National Association as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-AF1 v. Kenneth Elsmann, Cynthia Palacios

Background

The appellee filed a foreclosure action in state court against the appellant and other defendants. The appellant, proceeding pro se, removed the action to federal court. The appellee then filed a motion to remand based on defects in the removal procedure. The district court granted the motion to remand on May fourteenth, two thousand and twenty-five, and subsequently denied the appellant’s motion to reconsider on June eleventh, two thousand and twenty-five.

The court’s reasoning

The court concluded it lacks jurisdiction over the May fourteenth remand order because the district court granted a timely motion to remand based on defects in the removal procedure. Furthermore, the appellant did not remove the action under Section one thousand four hundred forty-two or Section one thousand four hundred forty-three of Title twenty-eight of the United States Code. The court cites Section one thousand four hundred forty-seven of Title twenty-eight and Whole Health Chiropractic and Wellness, Inc versus Humana Med. Plan, Inc., as controlling authority.

What it means going forward

The appeal regarding the initial remand order is dismissed for lack of jurisdiction, while the jurisdictional question regarding the denial of reconsideration remains pending for the merits panel.