Reston, VA asked in Foreclosure for Virginia

Q: Why would counsel in Virginia address title/foreclosure in Circuit Court v. filing in federal court?

Related Topics:
1 Lawyer Answer
Paul A. Prados
Paul A. Prados
  • Fairfax, VA
  • Licensed in Virginia

A: Most matters involving real estate will be filed in Circuit Court because the Circuit Court has equitable powers over the title to real estate, and there is generally no federal nexus for title/foreclosure cases.

The grounds for being in Federal court are far too complicated to explain in a short answer, but generally a case is allowed be filed in federal court if federal law applies, or if the parties in the case are from different states and the claim is large.

Some aggressive attorneys have been testing the differences of filing title/foreclosure actions in Circuit Courts and Federal courts. It is not apparent to me yet which might be more advantageous to Plaintiffs.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.