United States District Court, M.D. Pennsylvania
AMENDED MEMORANDUM OPINION
C. Carlson United States Magistrate Judge.
Statement of the Case
before the court is a motion to substitute 1900 Capital Trust
II, by U.S. Bank Trust National Association, not in its
individual capacity (“1900 Capital”), for the
Federal National Mortgage Association (“FNMA”) as
a party to this litigation. (Doc. 19). FNMA initially brought
a mortgage foreclosure action against Antonello Boldrini in
state court, which Boldrini then removed to this court. (Doc.
1). Along with his Notice of Removal, Boldrini filed a civil
cover sheet identifying himself as the plaintiff and FNMA as
the defendant and asserting claims under the Racketeer
Influenced and Corrupt Organizations Act (“RICO”)
against FMNA. (Doc. 1-1). The instant motion seeks to
substitute 1900 Capital for FMNA, as 1900 Capital is the
current mortgage holder. Additionally, it seeks an amendment
of the caption to correctly designate the parties. For the
following reasons, we will grant the motion.
1900 Capital Will Be Substituted for FNMA as a Party to
outset, the current motion seeks to substitute 1900 Capital
for FNMA and asserts that 1900 Capital is the proper party as
the current holder of the mortgage under Federal Rule of
Civil Procedure 25(c). (Doc. 19). Rule 25(c) provides that:
If an interest is transferred, the action may be transferred,
the action may be continued by or against the original party,
unless the court, on motion, orders the transferee to be
substituted in the action or joined with the original party.
The motion must be served as provided in Rule 25(a)(3).
Fed. R. Civ. P. 25(c). “Because joinder or substitution
under Rule 25(c) does not ordinarily alter the substantive
rights of parties but is merely a procedural device designed
to facilitate the conduct of a case, a Rule 25(c) decision is
generally within the district court's discretion.”
Luxliner P.L. Export Co. v. RDI/Luxliner, Inc., 13
F.3d 69, 71-72 (3d Cir.1993). In order to determine whether
an entity is a transferee of an interest that triggers Rule
25(c), and to exercise its discretion under Rule 25(c), a
district court must apply the law to the facts presented in
the particular case. Id. at 72.
notwithstanding Boldrini's vehement
opposition, the analysis is simple, straightforward
and favors granting this motion. While FNMA was the mortgage
holder when this foreclosure action was initiated, having
received its interest from JPMorgan Chase Bank, N.A. in an
assignment recorded on July 19, 2016 (Doc. 19-1, at 20), the
mortgage interest has since been transferred multiple times.
FNMA transferred its interest in the mortgage to Prof-2013-S3
Legal Title Trust II, by U.S. Bank National Association, by
an assignment recorded on January 17, 2017. (Id., at
26). Subsequently, in an assignment recorded on February 19,
2019, the mortgage interest was transferred to 1900 Capital,
who is the current holder of the mortgage. (Id., at
30). Accordingly, given that it is undisputed that 1900
Capital currently holds the mortgage interest, 1900 Capital
will be substituted as a party in place of FNMA.
The Caption Will Be Amended to Reflect the Correct
Designations of Each Party.
in the motion to substitute 1900 Capital as a party in this
case is a request to amend the caption of the case to reflect
the correct designations of each party. Indeed, as it
currently stands, Mr. Boldrini, the removing defendant, has
designated himself as the plaintiff in this case, while FMNA
is designated as the defendant. However, as 1900 Capital
correctly notes, Mr. Boldrini removed this case to federal
court, as he was the defendant in the state court foreclosure
action, and only defendants can remove state actions to
federal court. See 28 U.S.C. § 1441(a).
However, along with his notice of removal, Mr. Boldrini filed
a civil cover sheet designating himself as the plaintiff and
FNMA as the defendant, and by which he asserted RICO claims
against FNMA. (Doc. 1-1).
Mr. Boldrini may wish to assert certain claims against the
mortgage holder that is attempting to foreclose on his
property, removal to this court of the state civil action
means just that-the state foreclosure action filed by FNMA
against Boldrini is now before this court. It does not mean
that Boldrini has a license to change the caption of the
case, the constellation and configuration of the parties, and
designate himself as the plaintiff in a case in which he is
the defendant. Accordingly, because the caption incorrectly
reflects the designation of the parties in this case, we will
direct that the caption be amended to reflect that 1900
Capital is the plaintiff in this action and Mr. Boldrini is