In re: Mortg. Elec. Registration Sys., Inc., No. 12-501 (6th Cir. 2012)
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Mortgage Electronic is a third party in a foreclosure action, based on its assignment of a mortgage. The case was remanded from federal to Kentucky state court. Mortgage Electronic sought permission to appeal to the Sixth Circuit (28 U.S.C. 1453(c)). The Class Action Fairness Act of 2005, 28 U.S.C. 1332(d), allows the court to accept an appeal from an order of a district court granting or denying a motion to remand a class action if the application for leave to appeal is timely. The Sixth Circuit granted the petition and affirmed, noting that it has previously held that third-party defendants may not remove an action not under the Act. The Act's reference to "any defendant," in context, does not change the rule: a third-party defendant cannot seek removal of a state court action under the Act.
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