Legal Opinion

Green Tree Servicing, LLC v. Damron

Court of Appeals for the Seventh Circuit

Decided June 9, 2014No. 13-3832Published

1Opinion of the Court

ORDER

Cynthia Damron, an Indiana resident who removed an Indiana foreclosure case to federal court three years after it began, challenges the district court’s decision to award fees and costs of $9,879.85 against her for an unfounded removal. See 28 U.S.C. § 1447(c). Because Damron lacked a reasonable basis for the removal, we affirm.

In her petition for removal, Damron focused on the state court plaintiff, Green Tree Servicing and its right to sue her. The state suit arose out of a mortgage loan and promissory note that Damron had signed with GMAC Mortgage. In April 2010, GMAC filed a…

2Cases cited17 opinions

Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
Craig Garbie v. Daimler Chrysler Corp.Court of Appeals for the Seventh Circuit · 2000
Citimortgage, Inc. v. Shannon S. Barabas a/k/a Shannon Sheets Barabas, ReCasa Financial Group, LLC, and Rick A. SandersIndiana Supreme Court · 2012
Chase Manhattan Mortgage Corp. v. SmithCourt of Appeals for the Sixth Circuit · 2007

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