Reverse Mortgage Solutions, Inc. v. Cintron-Rios et al
| Reverse Mortgage Solutions, Inc. |
| United States of America, Isabel Brunet-Cuevas, Eloy Cintron-Rios and Conjugal Partnership Cintron-Brunet |
| 3:2018cv01852 |
| November 9, 2018 |
| US District Court for the District of Puerto Rico |
| Pedro A Delgado-Hernandez |
| Real Property: Foreclosure |
| 12 U.S.C. ยง 191 |
| None |
Docket Report
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This docket was last retrieved on December 26, 2018. A more recent docket listing may be available from PACER.
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Filing 6
ORDER: Granting #3 "Motion requesting Order." The amended complaint shall be electronically filed forthwith. Foreclosures are brought in this district under diversity jurisdiction. Pursuant to Puerto Rico law, an estate does not have juridical personality, and all heirs must be included in suits against an estate. In par 2 of the motion at Docket No. 3, plaintiff informs that it has has identified alleged members of Estate of Eloy Cintron Rios, but will include in the Amended Complaint "John Doe" and "Jane Doe" as members of the Estate. The majority view is that John Does destroy diversity jurisdiction because courts cannot ascertain that complete diversity exists. Furthermore, plaintiff has not met its burden of showing that it has included all heirs by providing a will, or in the absence of a will, a judicial declaration of heirship, in order for the court to ascertain the identities of all the heirs, and whether it had jurisdiction over this case. Thus, not later than January 30, 2019, plaintiff shall either (1) submit a certified copy of a will, or a negative certification of will along with a judicial declaration of heirship, all in the English language, (2) show whether another source for jurisdiction exists, or otherwise (3) show cause why the case should not be dismissed for lack of jurisdiction. Signed by Judge Pedro A. Delgado-Hernandez on 12/26/2018. (LMR)
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| Filing 5 SUMMONS Returned Executed by Reverse Mortgage Solutions, Inc. upon USA served on 11/27/2018, answer due 1/28/2019. (Hernandez-Hernandez, Valerie) Modified on 12/13/2018 to correct docket text as to date/party served (mr). |
| Filing 4 SUMMONS Returned Executed by Reverse Mortgage Solutions, Inc. upon Isabel Brunet-Cuevas served on 11/27/2018, answer due 12/18/2018. (Hernandez-Hernandez, Valerie) |
| Filing 3 MOTION requesting Order for leave to amend complaint filed by Valerie N. Hernandez-Hernandez on behalf of Reverse Mortgage Solutions, Inc. Responses due by 12/26/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit)(Hernandez-Hernandez, Valerie) |
| Filing 2 Summons Issued as to Isabel Brunet-Cuevas, Eloy Cintron-Rios, Conjugal Partnership Cintron-Brunet, United States of America (Attachments: #1 Summons) (ad) |
| NOTICE OF JUDGE ASSIGNMENT Case has been assigned to U.S. District Judge Pedro A. Delgado-Hernandez (ad) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number 0104-6142400.), filed by Reverse Mortgage Solutions, Inc.. Service due by 2/7/2019, (Attachments: #1 Exhibit Mortgage, #2 Exhibit Deed, #3 Exhibit Title, #4 Exhibit SCRA, #5 Exhibit SCRA, #6 Civil Cover Sheet, #7 Category Sheet, #8 Summons USA, #9 Summons Conjugal Partnership, #10 Summons Eloy, #11 Summons Isabel)(Hernandez-Hernandez, Valerie) |
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