Chase Manhattan Mortgage Corp. v. Smith

ROGERS, Circuit Judge.

After defendants removed a state court foreclosure action to federal district court, plaintiff filed a motion to remand. The district court granted the motion and, pursuant to its discretion under 28 U.S.C. § 1447(c), awarded plaintiff attorney fees and costs incurred as a result of the removal. On appeal, defendants argue that the district court abused its discretion to award fees and costs to plaintiff. Because defendants’ removal action lacked an objectively reasonable basis, we affirm.

I

On January 29, 2003, Defendant Deme-trious Smith purchased residential property…