Nationstar Mortgage LLC v. Bradley

Filing 16

ORDER granting 5 Motion to Remand to State Court; adopting 14 Report and Recommendation, and remanding this matter to the Court of Common Pleas, Dorchester County. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by Honorable Richard M Gergel on 9/4/2015.(sshe, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

Nationstar Mortgage LLC,

ZOl5

)

SfP -4 A 10: Ob

)

Plaintiff,
v.

John Bradley, Jr., et aI.,
Defendants.

)
)
)
)
)
)
)

Civil Action No.2: 15-cv-0508-RMG

ORDER

---------------------------)

This matter is before the Court on the Report and Recommendation ("R&R") of the
Magistrate Judge (Dkt. No. 14) recommending that this Court grant Plaintiffs Motion to
Remand (Dkt. No.5). The Court hereby adopts the R&R, grants Plaintiff's motion, and remands
this matter to the Court of Common Pleas, Dorchester County.
Defendant Bradley was sued by Plaintiff Nationstar in a foreclosure action (Civil Action
No. l1-CP-18-2026), and a judgment was issued on February 2,2015, granting Plaintiff
summary judgment. Defendant thereafter filed a notice of removal to this court, asserting that
this matter is a "core proceeding" under the Federal Bankruptcy laws and should therefore have
been resolved as a part of his bankruptcy proceeding. However, the Bankruptcy Court that heard
his bankruptcy court has already ruled that abstention was proper as to the foreclosure
proceedings, and an order terminating that case was entered June 25,2012. The notice of
removal was therefore well outside the applicable 90 day time limit found in Bankruptcy Rule
9017(a)(2). The same is true of Defendant's quiet title action, which he has also attempted to
remove to this Court.
Upon the issuance of the R&R, Defendant was advised that any written objections to the
R&R must be made within 14 days of service, and that in the absence of timely written

objections this Court would provide limited "clear error" review and Plaintiff would waive his
right to appeal the judgment of the District Court. (Dkt. No. 14 at 7). Defendant has not filed
objections to the R&R.
The Court has reviewed the R&R, the full administrative record in this matter and the
relevant legal authorities. The Court finds that the Magistrate Judge ably and promptly
summarized the factual and legal issues and appropriately recommended that the breach of
contract claim should be dismissed. Therefore, the Court hereby adopts the R&R as the order of
this Court, and remands the case to state court.
AND IT IS SO ORDERED.

Richard Mark Gergel
United States District Court Judge

L/ ,

September
2015
Charleston, South Carolina

2