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