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Topic: Venue question

Created on: 07/05/15 04:00 PM

Replies: 2

JAMES43


Joined: 05/03/15

Posts: 1

Venue question
07/05/15 4:00 PM

I have a home in Alabama which was purchased while I was in the military. I am renting the home out but live in Louisiana currently. I am being threatened with foreclosure and I want to sue the mortgage lender but I don't want to deal with a court that is 11 hours away. Can I file my complaint locally in order to keep from being forced to travel back to Alabama where the home is located?? I was considering filing in federal court which I believe will be acceptable since federal court covers all states.

Any ideas on this issue?

James

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MELODY1


Joined: 03/12/15

Posts: 1

RE: Venue question
07/05/15 10:16 PM

I'm not an expert but I'm thinking you need to be in the proper jurisdiction which would be Alabama. What are you going to sue for?

mkohl

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SHERRIE1


Joined: 11/08/13

Posts: 4

RE: Venue question
07/06/15 3:58 PM

I am dealing with a same venue issue and filing an interlocutory appeal in federal court. I was sued in FL for foreclosure that was just debt collection and filed an FDCPA case in GA where I live and where all of the damage occurred after they came after me to steal my house. GA wants venue changed to FL because the property is there. however, 15 USC 1692i states that debt collectors must sue where the contract was signed or the borrower lives at time of suit. Correct? I do not have a loan with these people suing me so I cannot find why I would have to go to Florida to sue for FDCPA. Don't find any case law on that either except for 28USC 1404a that states venue can be transferred with consent of ALL parties. Would love input on this question as well.

Sherrie

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