United States District Court, W.D. Washington, Seattle
HENRY A. UMOUYO, Plaintiff,
BANK OF AMERICA, N.A.; CARRINGTON MORTGAGE SERVICES, LLC; AND ANY UNKNOWN HEIRS, DEVISEES, GRANTEES, CREDITORS, AND OTHER UNKNOWN PERSONS OR UNKNOWN SPOUSES CLAIMING BY, THROUGH AND UNDER BANK OF AMERICA, N.A., Defendant.
Honorable Richard A. Jones United States District Judge.
matter comes before the Court on Plaintiff's Motion to
Remand (Dkt. # 10) and Plaintiff's Motion for Preliminary
Injunction (Dkt. # 12). For the reasons stated below, the
Court DENIES both motions.
January 10, 2008, Plaintiff Henry A. Umouyo
(“Plaintiff”) took out a mortgage loan for $329,
824.00 from CTX Mortgage Company, LLC. Dkt. # 1-1 at ¶
11, Ex. 3. Plaintiff's loan is secured by a Deed of Trust
(“DOT”) on real property, located at 11708 SE
238th Street, Unit 12, Kent, Washington
(“Property”). Id. at ¶ 12, Ex. 4.
The DOT was recorded on June 2, 2010 in King County, and was
assigned to BAC Home Loans, Servicing LP, fka Countrywide
Home Loans Servicing, LP (“BAC”). King County
Auditor Instrument # 20100602000169. On the same day, an
Appointment of Successor Trustee was assigned to Reconstrust
Company, N.A. (“Reconstrust”). King County
Auditor Instrument # 20100602000170. Then, on October 24,
2011, the DOT was assigned to Bank of America, N.A.
(“BANA”). King County Auditor Instrument #
August 2009, Plaintiff stopped paying his mortgage loan. Dkt.
# 1-1 at ¶ 36, Ex. 2. On October 6, 2009, BAC, the
servicer at the time, issued a Notice of Intent to
Accelerate. Dkt. # 1-2. The Notice of Intent to Accelerate
(“the Notice”) warned Plaintiff that “if
the default is not cured on or before November 5, 2009, the
mortgage payments will be accelerated with the full amount
remaining accelerated and becoming due and payable in
full.” Id. In July 2010, a Notice of
Trustee's Sale was recorded in King County, which set a
trustee's sale of the Property for October 29, 2010.
Id. at Ex. 8; King County Auditor Instrument #
20100729000513. However, on September 23, 2011, Recontrust
discontinued the sale. Dkt. # 1-1 at ¶ 29; King County
Auditor Instrument # 20110923000439.
September 9, 2016, Plaintiff filed this action in King County
Superior Court, seeking to quiet title to the Property. Dkt.
# 1-1. Plaintiff is a citizen of Washington State. Dkt. #
1-1. Defendant BANA is a citizen of North Carolina, where its
main office is located. Dkt. # 1 at 3. Defendant Carrington
Mortgage Services, LLC (“Carrington”) is a
citizen of Delaware, California, and
Connecticut. Id. No members of Carrington or
its subsidiary members are citizens of Washington.
Id. Additionally, the amount in controversy exceeds
$75, 000.00. Dkt. # 1-1, Ex. 3; Dkt. # 1 at 3. Noting that
the requirements of 28 U.S.C. § 1332 were met,
Defendants timely removed the action. Dkt. # 1. On October
20, 2016, Plaintiff filed a Motion to Remand. Dkt. # 10.
Plaintiff subsequently filed a Motion for Preliminary
Injunction. Dkt. # 12.
requests that the Court take judicial notice of certain
documents. Among these documents are: (1) an assignment of
deed of trust, King County Auditor Instrument #
20100602000169; (2) an appointment of successor trustee, King
County Auditor Instrument # 20100602000170; (3) an assignment
of deed of trust, King County Auditor Instrument #
20111024001172; (4) a notice of trustee's sale, King
County Auditor Instrument # 20100729000513; (5) a notice of
discontinuance of trustee's sale, King County Auditor
Instrument # 20110923000439; and (6) BANA's judicial
foreclosure action against Plaintiff, Bank of America,
N.A. v. Umouyo, et al., No. 14-2-18637-1. Each of these
documents is available at
Rule 201, a court may take judicial notice of “a fact
that is not subject to reasonable dispute because it: (1) is
generally known within the trial court's territorial
jurisdiction; or (2) can be accurately and readily determined
from sources whose accuracy cannot reasonably be
questioned.” Fed.R.Evid. 201. Certain public records
qualify under the second category, including the
“records and reports of administrative bodies.”
United States v. Ritchie, 342 F.3d 903, 909 (9th
Cir. 2003) (quoting Interstate Nat. Gas Co. v. S. Cal.
Gas Co., 209 F.2d 380, 385 (9th Cir. 1953)).
the contents of these documents are not subject to reasonable
dispute, as they “are authentic documents recorded with
a governmental agency.” Gelinas v. U.S. Bank,
NA, No. 16-1468-JLR, 2017 WL 553277, at *3 (W.D. Wash.
Feb. 10, 2017). Therefore, the Court takes judicial notice of
the foregoing publically recorded King County documents.
Plaintiff's Motion to Remand
courts are courts of limited jurisdiction.” Heacock
v. Rolling Frito-Lay Sales, LP, No. C16-0829-JCC, 2016
WL 4009849, at *1 (W.D. Wash. July 27, 2016); see 28
U.S.C. §§ 1331-1332. District courts have
“original jurisdiction” over causes of action
“where the matter in controversy exceeds the sum or
value of $75, 000” and where there is complete
diversity between the parties. 28 U.S.C. § 1332(a)(1).
Complete diversity exists when the parties are domiciled in
separate states. See Kanter v. Warner-Lambert Co.,
265 F.3d 853, 857 (9th Cir. 2001). An individual is a citizen
of the state in which he is domiciled, not his state of
residence. Id. A “corporation is a citizen of
any state where it is incorporated and of the state where it
has its principal place of business.” Heacock,
2016 WL 4009849, at *1 (quoting Indus. Tectonics, Inc. v.