William P. DeBoskey v. Goshen Mortgage, as Separate Trustee for GDBT 1 Trust 2011-1, et al.
Jurisdiction JusticiabilityDoctri
Whether a federal district court may sua sponte remand a removed case to state court after the statutory thirty-day period for challenging removal has elapsed
No question identified. : I. BACKGROUND AND PROCEDURAL POSTURE This case originates from a foreclosure action on Petitioner’s Florida homestead property, based on a 2005 mortgage whose recorded legal description inaccurately describes his homestead property. The mortgage passed through multiple recorded to Christiana Trust and Goshen Mortgage, LLC—hefore Red Stick Acquisitions, LLC was substituted as plaintiff in 2018. Red Stick asserts ownership through assignments executed years after the statute of limitations expired under Fla. Stat. § 95.11(2)(b), which governs the ability to reform a legal description. Petitioner removed the case to federal court on February 7, 2024 (