Tawana L. Carter v. Wells Fargo Bank
CourtCourt of Appeals for the Eleventh Circuit
Date FiledOctober 8, 2026
Docket25-14443
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-14443
Non-Argument Calendar
____________________
TAWANA L. CARTER,
Plaintiff-Appellant,
versus
WELLS FARGO BANK,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:24-cv-05938-MHC
____________________
Before JORDAN, ROSENBAUM, and GRANT, Circuit Judges.
PER CURIAM:
Tawana Latrice Carter brought this action against Wells
Fargo, alleging the wrongful foreclosure of her home in Al-
pharetta, Georgia. She appeals the district court’s order dismissing
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2 Opinion of the Court 25-14443
her action, the denial of her motion for reconsideration, and the de-
nial of her motion to remand. Following review of the record and
the parties’ briefs, we affirm.1
I
Before reaching Ms. Carter’s arguments, we brief ly set out
the case’s procedural history.
This is Ms. Carter’s seventh lawsuit challenging the foreclo-
sure of her property located at 115 Parkside Close, Alpharetta, Geor-
gia 30022. See Carter v. Select Portfolio Servicing, Inc., No. 1:15-CV-410,
2015 WL 13777335 (N.D. Ga. Dec. 23, 2015); Carter v. Select Portfolio
Servicing, Inc., 1:18-CV-3608, 2018 WL 5262058 (N.D. Ga. Sept. 20,
2018); Carter v. Select Portfolio Servicing, Inc., No. 1:19-CV-4863, 2020
WL 9594360 (N.D. Ga. Mar. 16, 2020), aff ’d, 857 F. App’x 618 (11th
Cir. 2021); Carter v. Select Portfolio Servicing, Inc., No. 1:23-CV-2292,
2023 WL 9850967 (N.D. Ga. Aug. 21, 2023); Carter v. Freemont Inv. &
Loan, et. al, No. 24CV001539 (Fulton Cnty. Super. Ct. Apr. 3, 2024);
Carter v. Fremont Inv. & Loan, No. 2023CV387151 (Fulton Cnty. Super.
Ct. May 31, 2024). Ms. Carter has named Wells Fargo, in some form
or fashion, as a defendant in each of these lawsuits.
In this action, Ms. Carter alleged that the foreclosure proceed-
ings “were based on fraudulent and forged documents, including a
1 Ms. Carter is proceeding pro se, and we construe her filings liberally. See
Campbell v. Air Jam. Ltd., 760 F.3d 1165, 1168 (11th Cir. 2014) (“We hold the
allegations of a pro se complaint to less stringent standards than formal plead-
ings drafted by lawyers.”) (citing Haines v. Kerner, 404 U.S. 519, 520 (1972)).
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25-14443 Opinion of the Court 3
falsified notary signature.” D.E. 1-1 at 9. She asserted several claims:
(1) wrongful foreclosure (Count I); (2) fraudulent misrepresentation
and fraud (Count II); (3) civil conspiracy (Count III); and (4) attempt-
ing to collect a debt that was not owned, making false statements
about the existence of a loan, and attempting to enforce an invalid
debt in violation of the Fair Debt Collection Practices Act, 15 U.S.C.
§ 1692 (Count IV).
Ms. Carter filed her complaint against Wells Fargo in the Su-
perior Court of Fulton County in November of 2024. Wells Fargo
removed the action to federal court. It invoked the district court’s
federal question jurisdiction based on the FDCPA claim. It also as-
serted that the district court possessed diversity jurisdiction because,
though Ms. Carter’s complaint stated that Wells Fargo is a Georgia
financial institution, Wells Fargo’s principal place of business is in
South Dakota and the original mortgage loan at issue was for
$279,000. There is no entity simply called Wells Fargo, and the de-
fendant-appellee present is Wells Fargo Bank, National Association,
as trustee and holder of the security deed at issue in this case.
Shortly after its notice of removal, Wells Fargo moved to dis-
miss on the bases that (1) Ms. Carter’s claims were barred by res ju-
dicata, and (2) the complaint failed to state a claim on all four counts.
Ms. Carter moved to remand to state court, arguing that Wells Fargo
is a citizen of Georgia and that, in spite of her FDCPA claim, she
intended to have her suit heard in state court. The magistrate judge
issued a report and recommendation, addressed both res judicata
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4 Opinion of the Court 25-14443
and the sufficiency of each claim as pled, and recommended dismis-
sal with prejudice. The report and recommendation also considered
Ms. Carter’s motion to remand and concluded that it was meritless.
In her objections to the report and recommendation, Ms.
Carter argued that the district court lacked personal jurisdiction over
the proper party: the trust. She also argued that Wells Fargo, as trus-
tee, is a non-party that had no authority to remove the case.
The district court rejected these arguments, explaining that
personal jurisdiction and improper service under Rules 12(b)(2) and
(b)(5) are defenses which can be waived, rather than grounds to dis-
regard the report and recommendation. The court further con-
cluded that Ms. Carter’s challenge to the procedural defects in the
notice of removal were untimely because they were not contained
in her motion to remand or other timely filing. The court overruled
Ms. Carter’s objections and adopted the report and recommenda-
tion, dismissing her complaint with prejudice.
Ms. Carter moved for reconsideration, reasserting that the
court lacked personal jurisdiction over Wells Fargo and asserting
that there was a fake sale of the property in May of 2025, constitut-
ing new evidence that she is the owner. The district court denied the
motion because the personal jurisdiction argument was not a
ground for reconsideration, and the newly-discovered evidence ar-
gument was unsupported. Ms. Carter timely appealed the dismissal
and the denial of her motions.
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II
First, Ms. Carter argues that the district court lacked subject-
matter jurisdiction after removal because Wells Fargo incorrectly
self-identified the trust and trustee. Relatedly, she maintains that the
district court lacked personal jurisdiction over Wells Fargo because
she never named or served the trust.
We review a district court’s exercise of subject-matter juris-
diction de novo. See Wilson v. Hearos, LLC, 128 F.4th 1254, 1259 (11th
Cir. 2025) (citing Lindley v. FDIC, 733 F.3d 1043, 1050 (11th Cir. 2013)).
“We review a district court’s exercise of personal jurisdiction de
novo[.]” AcryliCon USA, Ltd. Liab. Co. v. Silikal GmbH, 985 F.3d 1350,
1363 (11th Cir. 2021) (citation and emphasis omitted).
A
Ms. Carter’s arguments regarding subject-matter jurisdic-
tion are not well taken. A motion to remand a case based on a de-
fect in the removal procedure must be made within 30 days after
the filing of the notice of removal. See 28 U.S.C. § 1447(c). See also
In re Bethesda Mem’l Hosp., Inc., 123 F.3d 1407, 1410–11 (11th Cir.
1997). “When a district court could have exercised original subject
matter jurisdiction had the case been initially filed in federal court,
the only other basis for remand is a defect that is subject to the 30-
days rule under § 1447(c).” Wilson, 128 F.4th at 1260.
Ms. Carter does not raise an argument concerning the dis-
trict court’s jurisdiction but rather raises a procedural challenge to
Wells Fargo’s removal and the proper party name. She fails to ad-
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6 Opinion of the Court 25-14443
dress the court’s conclusion that this procedural argument for re-
mand was filed months after the 30-day deadline, in her objections
to the report and recommendation, rather than in her motion to
remand. As the court explained, Ms. Carter cited no authority for
the proposition that a misnomer in the case caption invalidates a
proper notice of removal or the court’s exercise of subject-matter
jurisdiction. Generally, “a misnomer in a defendant’s name is an
amendable defect.” Willis v. Mayor & Alderman of Savannah, 770 F.
Supp. 2d 1349, 1350 (S.D. Ga. 2011) (quoting Harper v. Savannah
Police Dep’t, 346 S.E.2d 891, 892 (Ga. Ct. App. 1986)). Therefore, we
affirm as to this issue.
B
Ms. Carter’s personal-jurisdiction argument fares no better.
An objection to jurisdiction over the person “can be waived by the
party over whom jurisdiction is sought.” See Pardazi v. Cullman Med.
Ctr., 896 F.2d 1313, 1317 (11th Cir. 1990). A party waives its objec-
tion to personal jurisdiction if it makes a pre-answer motion under
Rule 12 and does not include such an objection in that motion. See
id. A failure to object under such circumstances constitutes consent
to the court’s jurisdiction, and the suit may not then be dismissed
for lack of personal jurisdiction or insufficient service of process.
See id.
Wells Fargo consented to the district court’s personal juris-
diction when it failed to object in its pre-answer notice of removal
and motion to dismiss. We have found no support for Ms. Carter’s
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25-14443 Opinion of the Court 7
attempt to invoke Rules 12(b)(2) and (b)(5) to invalidate the court’s
exercise of jurisdiction over her case.
In sum, the district court was not permitted to dismiss the
case for lack of personal jurisdiction or insufficient service of pro-
cess. Accordingly, we affirm as to this issue as well.
III
Next, Ms. Carter argues that the district court erred in ap-
plying res judicata despite her new allegations of fraud in this sev-
enth action. We generally review the application of res judicata de
novo. See Rodemaker v. City of Valdosta Bd. of Educ., 110 F.4th 1318,
1327 (11th Cir. 2024). Res judicata bars claims related to prior deci-
sions when the prior decision “(1) was rendered by a court of com-
petent jurisdiction; (2) was final; (3) involved the same parties or
their privies; and (4) involved the same causes of action.” Id. at 1324
(internal quotation marks and citation omitted).
“Res judicata comes in two forms: claim preclusion (tradi-
tional ‘res judicata’) and issue preclusion (also known as ‘collateral
estoppel’).” Cmty. State Bank v. Strong, 651 F.3d 1241, 1263 (11th Cir.
2011). The report and recommendation concluded that “to the ex-
tent that [Ms. Carter’s] claims are based on any allegations that the
Security Deed, the First Assignment, or the Second Assignment,
were invalid, or that Wells Fargo lacked a valid interest in the Secu-
rity Deed that gave it authority to foreclose, her claims would be
barred by res judicata or collateral estoppel.” D.E. 25 at 31 (empha-
sis added).
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Ms. Carter does not address the elements of res judicata, and
we will not serve as de facto counsel and rewrite her appeal to sus-
tain a challenge to this issue. See Campbell, 760 F.3d at 1168–69 (“Yet
even in the case of pro se litigants [our] leniency does not give [us]
license to serve as de facto counsel for a party, or to rewrite an oth-
erwise deficient pleading in order to sustain an action.”) (internal
quotation marks omitted). Nor does Ms. Carter mention the
court’s dismissal of her claims insofar as they were barred by col-
lateral estoppel.
Ms. Carter also does not argue that the court erred in con-
cluding that she failed to state a claim for relief and does not con-
front the independent, thorough analysis of each of her four claims.
“When an appellant fails to challenge properly on appeal one of the
grounds on which the district court based its judgment, [s]he is
deemed to have abandoned any challenge of that ground, and it
follows that the judgment is due to be affirmed.” Sapuppo v. Allstate
Floridian Ins. Co., 739 F.3d 678, 680 (11th Cir. 2014). We therefore
decline to reach the Rule 12(b)(6) issue as Ms. Carter has aban-
doned any challenge to the substance of the dismissal.
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IV
Ms. Carter further argues that the district court erred in dis-
missing her state law claims with prejudice, rather than remanding
them. This argument is misplaced because the district court exer-
cised diversity jurisdiction when considering her state law claims.
District courts have original jurisdiction of all civil actions
where the amount in controversy exceeds $75,000 and is between
citizens of different states. See 28 U.S.C. § 1332(a)(1). A court may
decline to exercise supplemental jurisdiction over a claim if it dis-
misses “all claims over which it has original jurisdiction.” See
§ 1367(c)(3). Ms. Carter does not ask us to review the district
court’s conclusion that Wells Fargo is not a citizen of Georgia. Nor
has she contested that the amount in controversy exceeds $75,000.
Therefore, the district court did not exercise supplemental jurisdic-
tion over her state law claims and did not have occasion to remand
pursuant to § 1367(c)(3) after deciding that the federal FDCPA
claim was meritless. Instead, it reviewed her claims while sitting in
diversity jurisdiction and dismissed them with prejudice. We there-
fore affirm on this issue.
V
Finally, Ms. Carter argues that the district court erred in
denying reconsideration despite her newly discovered evidence of
fraud. We review the denial of a motion for reconsideration for
abuse of discretion. See Mays v. U.S. Postal Serv., 122 F.3d 43, 46 (11th
Cir. 1997) (citing Am. Home Assurance Co. v. Glenn Estess & Assoc.,
Inc., 763 F.2d 1237, 1238–39 (11th Cir. 1985)).
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A motion for reconsideration may not be used to “raise ar-
gument or present evidence that could have been raised prior to
the entry of judgment.” Michael Linet, Inc. v. Vill. of Wellington, 408
F.3d 757, 763 (11th Cir. 2005). Ms. Carter argues that the May 9,
2025, sale of the property was unconsummated and reveals fraud
and title defects. The magistrate judge’s report and recommenda-
tion was entered on July 31, 2025, and the district court’s order was
entered on August 21, 2025. Ms. Carter has not explained why she
could not have brought this May sale and its alleged fallout to the
court’s attention prior to filing her motion for reconsideration on
August 29, 2025.
Moreover, Ms. Carter attempted to present new evidence
without attaching the alleged evidence. For example, she refer-
enced communications from Redfin and Bridgepoint in her motion
for reconsideration but did not attach them to her motion as evi-
dence. She also failed to explain why she could not obtain the cer-
tified deed records from the Fulton County’s Clerk Office, which
she claimed would clear up ambiguity in the chain of title.
The district court did not abuse its discretion in declining to
reconsider based on its review of the property records attached to
Wells Fargo’s motion to dismiss as well as the online Fulton County
property records (of which it took judicial notice). Based on this
review, it concluded that Ms. Carter’s alleged new evidence did not
undermine the validity of the foreclosure. We affirm the district
court’s denial of Ms. Carter’s motion for reconsideration.
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VI
We affirm the district court’s dismissal of Ms. Carter’s claims
with prejudice, the denial of her motion to remand, and the denial
of her motion for reconsideration.
AFFIRMED.