FBC Mortgage LLC v. Jones et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
FBC MORTGAGE LLC,
Plaintiff,
v. 	Case No. 1:25-cv-921-CLM
CANDACE BLAIR JONES,
et al.,
Defendants.
MEMORANDUM OPINION
For the reasons explained within, the court will DISMISS this case
for lack of subject matter jurisdiction.
Candace 	Blair 	Jones 	defaulted 	on 	her 	loan 	payments 	to 	FBC
Mortgage LLC (FBC), so FBC sued Jones in this federal court to foreclose
on her property. (Doc. 1). FBC also named the U.S., through the Secretary
of Housing and Urban Development, as a defendant because the U.S.
holds a junior mortgage on the property at issue. (Id. at 2).
Because foreclosure is a state-law issue, the court ordered FBC to
explain the basis for federal jurisdiction. (Doc. 18). FBC replied that 28
U.S.C. § 2410 creates a federal cause of action against the U.S. in
foreclosure actions where the U.S. has an interest in the property at issue.
(Doc. 23 at 1). FBC says that anytime the U.S. has an interest in a
property that is subject to foreclosure, a plaintiff must sue the U.S. under
Section 2410, which then gives federal district courts original jurisdiction
over the case. (See Doc. 23 (relying on Show Me State Premium Homes,
LLC v. McDonnell, et al., 74 F.4th 911 (8th Cir. 2023); Grable & Sons
Metal Prods., Inc. v. Darue Eng’g & Mfg., 545 U.S. 308, 317 n.4 (2005)
(“Federal law does provide a quiet title cause of action against the Federal
Government. 28 U.S.C. § 2410.”))).
FILED
2026 Oct-13 PM 12:37
U.S. DISTRICT COURT
N.D. OF ALABAMA
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But Section 2410(a)’s text says nothing about a cause of action:
Under the conditions prescribed in this section and section
1444 of this title for the protection of the United States, the
United States may be named a party in any civil action or
suit in any district court, or in any State court having
jurisdiction of the subject matter—
(1) to quiet title to,
(2) to foreclose a mortgage or other lien upon,
(3) to partition,
(4) to condemn, or
(5) of interpleader or in the nature of interpleader with
respect to,
real or personal property on which the United States has or
claims a mortgage or other lien.
28 U.S.C. § 2410(a). As you can see, § 2410(a) says that if there is a
foreclosure action, the plaintiff may add the U.S. as a party if the U.S.
claims a mortgage or other lien on the property. It doesn’t require the U.S.
to be named as a party in such actions, nor does it create a federal cause
of action. Section 2410(a) merely waives the U.S.’s sovereign immunity,
allowing the U.S. to be subject to suit in such cases. See, e.g., Renasant
Bank v. Hobbs, et al., 2026 WL 2256307 (S.D. Ga. Aug. 5, 2026); Servis
One, Inc. v. Brown, 2026 WL 852010, at *2-3 (M.D. Ga. Mar. 27, 2026).
Congress’s passage of 28 U.S.C. § 1444 further shows that Congress
didn’t create federal question jurisdiction when enacting Section 2410.
Generally, for a defendant to remove an action to federal court, the district
court must have original jurisdiction over the action. 28 U.S.C. § 1441(a).
But Congress sometimes grants defendants the ability to remove actions
that don’t fall within a district court’s original jurisdiction. Section 1444
is one such instance. Section 1444 provides that:
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Any action brought under section 2410 of this title against the
United States in any State court may be removed by the
United States to the district court of the United States for the
district and division in which the action is pending.
28 U.S.C. § 1444. Section 1444 makes two things clear. First, Congress
assumed actions under Section 2410 would be brought in state court.
Second, there is no original federal jurisdiction over these state-law
actions, which is why Congress enacted a separate statute granting the
U.S. the ability to remove these actions.
FBC’s interpretation of Section 2410 would render Section 1444
superfluous. If Section 2410 created a federal cause of action when the
U.S. is named as a party, then Congress wouldn’t have needed to create a
statute allowing the U.S. to remove these actions; the U.S. would already
be able to remove these actions under 1441(a) because of the federal
district court’s original jurisdiction. Congress’s passage of a separate
statute enabling the United States to remove actions brought under
Section 2410 confirms that Section 2410 doesn’t create a federal cause of
action.
This is a case involving a state-law foreclosure action, not an action
arising under federal law. See 28 U.S.C. § 1331. Because Section 2410
doesn’t create original federal jurisdiction, and because no other statute
confers federal jurisdiction for this type of claim, the court does not have
original jurisdiction over the case.
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—
For these reasons, the court will DISMISS the case for lack of
subject matter jurisdiction and deems all pending motions MOOT. The
court will enter a separate order dismissing the case.
The court DIRECTS the Clerk of Court to send a copy of this order
to Defendant Candace Jones at the address listed in the complaint.
DONE and ORDERED on October 13, 2026.
_________________________________
COREY L. MAZE
UNITED STATES DISTRICT JUDGE
Case 1:25-cv-00921-CLM Document 26 Filed 10/13/26 Page 4 of 4