LAKEVIEW LOAN SERVICING LLC v. ROMULO GARCIA JR (2026)

ORDER

“Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute, which is not to be expanded by judicial decree. It is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (citations omitted). Based on the plaintiff's complaint, the court questions its jurisdiction sua sponte. See Fort Bend County v. Davis, 587 U.S. 541, 548 (2019).

The complaint names Romulo Garcia, Jr.; Joann Reyes; LVNV Funding LLC; and the United States as defendants. Dkt. 1 at 1–2. It asserts a breach-of-contract claim and seeks foreclosure of the deed of trust to a property in Savannah, Texas. Id. at 6.

The complaint states that “[t]his Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 2410․ Additionally, jurisdiction is proper under 28 U.S.C. § 1331, as the matter involves the interpretation and enforcement of federal laws governing [the federal government]'s lien rights.” Id. at 2. The court recently recommended dismissal of a complaint presenting those same jurisdictional assertions. AmeriHome Mortg. Co., LLC v. Guin, No. 4:25-cv-01071-ALM-BD, 2026 WL 2673763 (E.D. Tex. Sept. 10, 2026) (Dkt. 24 in that case).

It is ORDERED that, within 14 days of the docketing of this order, the parties file either a joint notice or separate notices stating their positions on whether federal subject-matter jurisdiction exists in light of AmeriHome and the authorities it cites. If the parties agree that federal subject-matter jurisdiction does not exist in this case, no notice need be filed.

So ORDERED and SIGNED this 11th day of September, 2026.

Bill Davis United States Magistrate Judge