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Lakeview Loan Servicing, LLC v. Truehill
3:25-cv-00255
M.D. La.
Apr 14, 2025
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Background

  • 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)
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Case Details

Case Name: Lakeview Loan Servicing, LLC v. Truehill
Court Name: District Court, M.D. Louisiana
Date Published: Apr 14, 2025
Docket Number: 3:25-cv-00255
Court Abbreviation: M.D. La.