1:26-cv-00167•Lord v. U.S. Bank National Association
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Tammy Lord v. Case No. 26-cv-167-LM-AJ U.S. Bank National Association1 REPORT AND RECOMMENDATION Self-represented Plaintiff Tammy Lord brings this action against Defendant, U.S. Bank National Association, alleging that Defendant’s claim to her residence in Goffstown, New Hampshire is improper.2 Plaintiff requests that the court quiet title in her favor as to her Goffstown residence; issue a declaratory judgment resolving the parties’ rights and interests in the property; and, if the court determines that Defendant holds a valid and enforceable interest in the mortgage and promissory note for Plaintiff’s residence, enjoin Defendant from initiating or pursuing any foreclosure sale or enforcement action over the 1 Defendant states that Plaintiff misidentifies Defendant at various times as “U.S. Bank National Association” and “U.S. Bank National Association, Not in Its Individual Capacity but Solely in its Purported Capacity as Trustee for RASC Series 2005-AHL1.” Doc. No. 6 at n.1. Defendant asserts that its proper affiliation with Plaintiff is in its capacity as “U.S. Bank Trust Company, National Association, as Trustee, as Successor- in-Interest to U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Certificates, Series 2005-AHLl[] . . . .” Id. at 1. 2 Plaintiff shares her residence with her husband, Steven LeClerc. Doc. No. 4 at 5. Case 1:26-cv-00167-LM-AJ Document 17 Filed 05/13/26 Page 1 of 7
2 residence. Doc. No. 1-1 at 2–3; Doc. No. 4 at 18–28. Plaintiff initially filed this lawsuit in Hillsborough County Superior Court, Northern District. Defendant removed the case to this court, citing diversity jurisdiction pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. See Doc. No. 1. Presently before the court is Plaintiff’s motion to remand the case back to the Superior Court. Doc. No. 3. Legal Standard I. Motion to Remand When faced with a motion to remand, a federal court must determine whether it “would have had original jurisdiction of the case had it been filed in that court.” BIW Deceived v. Local S6, Indus. Union of Marine & Shipbuilding Workers of Am., IAMAW Dist. Lodge 4, 132 F.3d 824, 830 (1st Cir. 1997) (quoting Grubbs v. General Elec. Credit Corp., 405 U.S. 699, 702 (1972)). The burden is on the removing defendant to show “that federal jurisdiction exists and that removal was proper.” New Hampshire v. 3M Co., 665 F. Supp. 3d 215, 221 (D.N.H. 2023), aff’d, 132 F.4th 556 (1st Cir. 2025). That defendant “must therefore make a ‘colorable’ showing that a basis for federal jurisdiction exists.” Danca v. Private Health Care Sys., Inc., 185 F.3d 1, 4 (1st Cir. 1999) (quoting BIW Deceived, 132 F.3d at 832). “[I]f federal jurisdiction is doubtful, a federal court must remand to Case 1:26-cv-00167-LM-AJ Document 17 Filed 05/13/26 Page 2 of 7
3 state court.” Rhode Island v. Shell Oil Prods. Co., L.L.C., 35 F.4th 44, 52 (1st Cir. 2022). II. Subject Matter Jurisdiction “The federal courts are courts of limited jurisdiction[.]” Volkswagen de P.R., Inc. v. Puerto Rico Labor Rels. Bd., 454 F.2d 38, 43 (1972). “They possess only that power authorized by Constitution and statute.” Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 552 (2005) (internal quotation marks and citation omitted). Congress has granted [the district courts of the United States] jurisdiction over two main kinds of cases. District courts have power to decide diversity cases— suits between citizens of different States as to any matter valued at more than $75,000. See 28 U.S.C. § 1332(a). And they have power to decide federal-question cases—suits “arising under” federal law. § 1331. Badgerow v. Walters, 596 U.S. 1, 7–8 (2022). Discussion I. Diversity of Parties Named in the Complaint Plaintiff asserts that Defendant’s removal was improper because Defendant failed to meet its burden of establishing complete diversity of citizenship.3 Doc. No. 3 at 2. Plaintiff 3 Although Plaintiff does not challenge the jurisdictional minimum amount, the evidence before the court shows that the amount in controversy exceeds $75,000.00. Where a plaintiff seeks declaratory or injunctive relief, as is the case here, “the amount in controversy is measured by the value of the Case 1:26-cv-00167-LM-AJ Document 17 Filed 05/13/26 Page 3 of 7
4 elaborates by stating that Defendant “alter[ed] its identity in the Notice of Removal” to U.S. Bank in its capacity as trustee,4 “in an attempt to establish federal jurisdiction.” Id. at 2–3. However, Plaintiff’s claim that Defendant “alter[ed] its identity” is unavailing. “Jurisdiction is normally ascertained from the face of the state court complaint that triggered the removal.” Danca v. Private Health Care Sys., Inc., 185 F.3d 1, 4 (1st Cir. 1999). “[T]he determination of jurisdiction is based only on the allegations in the plaintiff’s well-pleaded complaint—not on any issue the defendant may raise.” Royal Canin U. S. A., Inc. v. Wullschleger, 604 U.S. 22, 26 (2025) (internal quotation marks and citation omitted); JUAN COTTO, v. R.J. REYNOLDS TOBACCO COMPANY, PHILIP MORRIS USA, INC., LIGGETT GROUP LLC, CUMBERLAND FARMS OF MASSACHUSETTS, INC., & WALGREENS OF MASSACHUSETTS, LLC, Defendants., No. CV 25-13333-MGM, 2026 WL 1146111, at *2 (D. Mass. Apr. 28, 2026) (“Federal courts object of the litigation.” Hunt v. Wash. State Apple Advert. Comm’n, 432 U.S. 333, 347 (1977); see, e.g., Mojtabai v. Mojtabai, 4 F.4th 77, 84 (1st Cir. 2021). The object of the litigation is the mortgage loan for Plaintiff’s Goffstown residence, which, as of June 12, 2024, had an outstanding balance approximately $293,070.22. Doc. No. 1-4 at 2. Accordingly, the jurisdictional minimum amount is satisfied. 4 The full title Defendant uses in its Notice of Removal is “U.S. Bank Trust Company, National Association, as Trustee, as Successor-in-Interest to U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2005-AHL1[.]” Doc. No. 1 at 1. Case 1:26-cv-00167-LM-AJ Document 17 Filed 05/13/26 Page 4 of 7
5 typically rely on the factual allegations in the complaint to determine the citizenship of all parties and whether complete diversity exists[.]”). Here, the facts Plaintiff alleged about the parties’ citizenship in her state court complaint establish complete diversity. Plaintiff alleges, and Defendant does not dispute, that she is a resident of New Hampshire and that Defendant — which Plaintiff identifies in her complaint as “U.S. Bank National Association” — has an Ohio address. Doc. No. 1-1 at 2; Doc. No. 4 at 6 ¶ 2; Doc. No. 6 at 3 & n.2. Ultimately, Plaintiff is “the master of the complaint, and therefore controls much about her suit.” Royal Canin, 604 U.S. at 35 (internal quotation marks and citation omitted). For the reasons stated, the allegations in Plaintiff’s Complaint support that complete diversity exists. Therefore, the court has jurisdiction over Plaintiff’s Complaint and Defendant’s removal was proper. II. Outstanding Arguments In further support of her remand motion, Plaintiff questions whether Defendant demonstrated “authority over the alleged trust’s assets” (Doc. No. 3 at 3); disputes that the trust over which Defendant claims authority is valid (Doc. No. 7 at 1); and asserts that Defendant failed to provide “information regarding the citizenship of the trust’s beneficiaries, Case 1:26-cv-00167-LM-AJ Document 17 Filed 05/13/26 Page 5 of 7
6 certificate holders, and other members” to establish diversity citizenship. Doc. No. 3 at 3–4. Because the only named Defendant is “U.S. Bank National Association” (Doc. No. 1-1 at 2),5 the court declines to opine on any issues about U.S. Bank in its capacity as trustee, including its authority over trust assets and whether Defendant, as a trustee, was required to prove the citizenship of its beneficiaries.6 The court also declines to opine on the validity of the trust at issue in this case, which would involve prematurely wading into the merits of this case. See Delta Dental of Rhode Island v. Blue Cross & Blue Shield of Rhode Island, 942 F. Supp. 5 To the extent Plaintiff’s Complaint misidentifies Defendant as being the trustee of “RASC Series 2005-AHL1[,]” (see Doc. No. 4 at 6 ¶ 2) the court declines to opine on the proper trust and Defendant’s authority over that trust at this stage. As stated above, Plaintiff has alleged that Defendant has an Ohio address and complete diversity exists based on the facts alleged in the Complaint. See Doc. No. 1-1 at 2; Doc. No. 4 at 6 ¶ 2 (stating Defendant has an Ohio address). 6 Nevertheless, the court observes that Plaintiff misconstrues the relevant law on this subject. “[W]here a national banking association trustee is a party, only the trustee’s citizenship matters—not that of the trust’s beneficiaries.” 1900 Cap. Tr. III By US Bank Tr. Nat’l Ass'n v. Sidelinger, No. 2:19-CV-220-DBH, 2021 WL 864951, at *3 & n.3 (D. Me. Mar. 8, 2021) (collecting cases and summarizing relevant Supreme Court precedent, including Americold, Carden, and Navarro). Plaintiff does not appear to contest Defendant’s assertion that, in its capacity as trustee, it is located in Delaware. See Doc. No. 3 at 3. Accordingly, if Defendant as trustee became a party to this lawsuit, and was named in the manner Defendant asserts is proper, there appears to be complete diversity between the parties. Case 1:26-cv-00167-LM-AJ Document 17 Filed 05/13/26 Page 6 of 7
7 740, 745 (D.R.I. 1996) (“The motion to remand does not reach the merits of the underlying dispute but instead decides only the question of whether removal to the federal court was proper.” (internal quotation marks and citation omitted)). Conclusion Based on the foregoing, the district judge should deny Plaintiff’s motion to remand (Doc. No. 3). Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). The fourteen-day period may be extended upon motion. Only those issues raised in the objection(s) to this Report and Recommendation are subject to review in the district court. See Sch. Union No. 37 v. United Nat’l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010). Any issues not preserved by such objection(s) are precluded on appeal. See id. Failure to file any objections within the specified time waives the right to appeal the district court's Order. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016). __________________________ Andrea K. Johnstone United States Magistrate Judge May 13, 2026 cc: Tammy Lord, pro se Counsel of Record Case 1:26-cv-00167-LM-AJ Document 17 Filed 05/13/26 Page 7 of 7
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