PNC Bank, N.A. v. Spencer

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 13-2676
Decision Date: 
August 13, 2014
Federal District: 
W.D. Wisc.
Dist. Ct. did not err in awarding attorney fees and costs to plaintiff-mortgage lender, where defendant had no objective basis for removing instant state-court foreclosure action, where said removal occurred four years after filing of state-court action and just prior to hearing on summary judgment motion, and where defendant’s rationale for said removal, i.e., that federal jurisdiction existed under 28 USC section 1349 because Freddie Mac was real party in interest, was wholly without merit given that: (1) defendant’s notice of removal conceded that Freddie Mac neither owned nor held applicable note and mortgage; and (2) jurisdiction under section 1349 can only be invoked where Freddie Mac was named party, and Freddie Mac was not named party in instant foreclosure action. Ct. of Appeals also directed attorney for defendant to respond to rule to show cause as to why she should not be further sanctioned for filing frivolous appeal of Dist. Ct.’s order.