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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CYNTHIA DIXON JOHNSON v. WACHOVIA BANK, N.A. * * * Civil No. JFM-05-2654 * * ***** MEMORANDUM This action arises out of loans taken out by plaintiff's now deceased husband with Wachovia Bank. Plaintiff alleges she did not become aware of the loans until after her husband passed away and that once she questioned Wachovia about them, the bank threatened to repossess her home if she did not refinance the loans in her own name. She alleges that her signature on the deeds of trust supporting the original loans was forged and that Doris Harrison (a Wachovia employee) negligently notarized the deeds. On the basis of these allegations plaintiff filed suit in the Circuit Court for Baltimore City. She asserted only state law claims for constructive fraud, negligence, fraud, a declaratory judgment, violation of the Maryland Consumer Protection Act, and rescission. Wachovia removed the case to this court. There is no diversity of citizenship between the parties, and Wachovia's removal was on based solely on federal question jurisdiction. Plaintiff has filed a motion to remand. The motion will be granted.1

Plaintiff also seeks costs and attorneys' fees incurred in connection with the removal and remand proceedings. Exercising my discretionary authority under 28 U.S.C. Section 1447(c), I deny that request. I am satisfied that although in the final analysis the remand motion turns on fundamental principles, the issues presented are not "obvious." See In re Lowe, 102 F.3d 731, 733 n.2 (4th Cir. 1996). That is particularly so because actions brought under the National Bank act are one of only three types of cases in which the Supreme Court has applied the complete preemption rule in the removal context.

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An action in which the complaint asserts only state law claims on its face may be removed on the basis of federal question jurisdiction only where there is "complete preemption." i.e., where federal law is deemed to entirely subsume state law claims. See, e.g., Avco Corp. v. Aero Lodge No. 735, Int'l Assoc. of Machinists and Aerospace Workers, et al., 390 U.S. 557 (1968) (finding complete preemption by

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Maryland Law