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Financial Freedom Acquisition, LLC v. Unknown Heirs and Legatees of Mildred Jewel Bolinger

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 24, 2010

FINANCIAL FREEDOM ACQUISITION, LLC, PLAINTIFF,
v.
UNKNOWN HEIRS AND LEGATEES OF MILDRED JEWEL BOLINGER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Before the Court is Plaintiff's Motion to Dismiss Party Defendant and Remand Case to State Court (Doc. 12). Specifically, Plaintiff seeks to dismiss the United States as a party as they are no longer a permissible party under 735 ILCS 5/15-1501(b)(7) and remand this case back to state court. This case was originally filed as a foreclosure action in the Circuit Court for the Twentieth Judicial District, St. Clair County with the United States of America named as a party Defendant. On November 1, 2010, the United States of America removed the case to this Court under 28 U.S.C. §§1444 and 2410 as the United States, namely the Secretary of Housing and Urban Development, claimed an interest in the foreclosed property (Doc. 3). Subsequently, on November 23, 2010, the United States filed a Notice of Disclaimer and Waiver of Redemption rights disclaiming any interest in the property and waiving its redemption rights under 28 U.S.C. § 2410 (Doc. 11). The United States also stated that it would not object to this case being remanded to state court.

Thus, based on the reasons set forth in the motion, the Court GRANTS Plaintiff's Motion to Dismiss Party Defendant and Remand Case to State Court (Doc. 12). The Court DISMISSES the United States of America as a Defendant and REMANDS this case to the Circuit Court for the Twentieth Judicial Circuit in St. Clair County.

IT IS SO ORDERED.

Signed this 24th day of November, 2010.

David R. Herndon Chief Judge United States District Court

20101124

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