Mortgage Lending: 13.4.1 Diversity Jurisdiction in Individual Cases
For diversity jurisdiction in cases other than class actions, 28 U.S.C. § 1332 provides that an action must be “between citizens of different states” and the amount in controversy must exceed $75,000.104 The party that chooses federal court (either the plaintiff or the defendant seeking removal) must set out the basis of federal jurisdiction and bears the burden of proof “by a preponderance of the evidence” on any contested factual allegations.105