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Home / Opinion Digests / Foreclosure Set-Aside Suit Sent Back to State Court (access required)

Foreclosure Set-Aside Suit Sent Back to State Court (access required)

In plaintiffs’ suit seeking rescission of a foreclosure sale, defendants timely removed the action after a Virginia state court issued a letter opinion dismissing claims against the non-diverse defendants, but the “voluntary-involuntary rule” bars removal, and the Richmond U.S. District Court remands the case to state court. Motion to remand Plaintiffs moved to remand, asserting four theories: ...