Lakeview Loan Servicing, LLC v. Truehill
3:25-cv-00255
M.D. La.Apr 14, 2025Background
- Lakeview Loan Servicing, LLC initiated a mortgage foreclosure by executory process in Louisiana state court.
- Defendant Harrison Truehill removed the case to federal court, citing federal question jurisdiction based on his own affirmative defenses and counterclaims, specifically referencing debt bondage violations.
- Truehill previously filed a deficient Motion for Temporary Restraining Order, which was denied for procedural reasons.
- Truehill sought to cure those defects by requesting leave to file a second Motion for TRO.
- The state court had already authorized seizure and sale of Truehill’s property at the time of removal.
- The federal court reviewed whether it had subject matter jurisdiction to hear the case and whether removal was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Federal question jurisdiction on removal | Not an issue | Removal is proper due to federal defenses/counterclaims involving debt bondage | No jurisdiction; must appear in complaint |
| Diversity jurisdiction | Not asserted | Not established, but would justify removal if present | No diversity shown; not grounds for jurisdiction |
| Ability to litigate state foreclosure in federal | Not raised | Removal proper, federal court should enjoin sheriff's sale | Must be ordinary process, not executory; federal court lacks jurisdiction |
| Rooker-Feldman doctrine application | Not raised | Seeks injunction in federal court against state-ordered sale | Doctrine bars review of state judgment |
Key Cases Cited
- Caterpillar Inc. v. Williams, 482 U.S. 386 (1987) (federal question jurisdiction only arises from plaintiff’s complaint, not defenses)
- Truong v. Bank of America, N.A., 717 F.3d 377 (5th Cir. 2013) (Rooker-Feldman doctrine prevents federal courts from reviewing state court judgments)
- Rooker v. Fid. Tr. Co., 263 U.S. 413 (1923) (federal district courts lack appellate jurisdiction over state court decisions)
- D.C. Court of Appeals v. Feldman, 460 U.S. 462 (1983) (district courts cannot review state court judgments)
