Financial Freedom Acquisition LLC v. Unknown Heirs and Legatees of Mildred Jewel Bolinger et al

Filing 13

ORDER OF REMAND: Case remanded to Circuit Court for the Twentieth Judicial Circuit, St. Clair County, Illinois, GRANTING 12 MOTION to Dismiss Party-Defendant and Remand to State Court filed by Financial Freedom Acquisition LLC. United States of America Secretary of Housing and Urban Development terminated. Signed by Chief Judge David R. Herndon on 11/24/10. (anj)

-PMF Financial Freedom Acquisition LLC v. Unknown Heirs and Legatees of M...ed Jewel Bolinger et al

Doc. 13

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS FINANCIAL FREEDOM ACQUISITION, LLC, Plaintiff, v. UNKNOWN HEIRS AND LEGATEES OF MILDRED JEWEL BOLINGER, et al., Defendants. No. 10-866-DRH

ORDER HERNDON, Chief Judge: Before the Court is Plaintiff's Motion to Dismiss Party Defendant and Remand Case to State Court (Doc. 12). Specifically, Plaintiff seeks to dismiss the United States as a party as they are no longer a permissible party under 735 ILCS 5/15-1501(b)(7) and remand this case back to state court. This case was originally filed as a foreclosure action in the Circuit Court for the Twentieth Judicial District, St. Clair County with the United States of America named as a party Defendant. On November 1, 2010, the United States of America removed the case to this Court under 28 U.S.C. §§1444 and 2410 as the United States, namely the Secretary of Housing and Urban Development, claimed an interest in the foreclosed property (Doc. 3). Subsequently, on November 23, 2010, the United States filed a Notice of Disclaimer and Waiver of Redemption rights disclaiming any interest in the property and waiving its redemption rights under 28 U.S.C. § 2410 (Doc. 11). The United States also stated that it would not object to this case being remanded to state court.

Dockets.Justia.com

Thus, based on the reasons set forth in the motion, the Court GRANTS Plaintiff's Motion to Dismiss Party Defendant and Remand Case to State Court (Doc. 12). The Court DISMISSES the United States of America as a Defendant and REMANDS this case to the Circuit Court for the Twentieth Judicial Circuit in St. Clair County. IT IS SO ORDERED. Signed this 24th day of November, 2010.

David R. Herndon 2010.11.24 14:33:17 -06'00'
Chief Judge United States District Court

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