Legal Question in Real Estate Law in California

How can I bring out-of-state dispute to home court?

I got sued in Nevada over a real estate escrow that was transferred into my name by title company's ''mistake''. I would prefer to handle the matter locally. Can any lawyer from California help me, or do I need to get a lawyer in Nevada first? How do I change venue? The property is there, but I am in California when the title company made the recording. It was recorded two weeks after the deal fell through and they did it without my knowledge. The seller has been a real pain. I think the title company intentionally recorded the title so that the Seller can sue me. Do I need to initiate a suit in California? How can I stop the proceedings in Nevada?


Asked on 6/07/06, 6:58 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: How can I bring out-of-state dispute to home court?

If the property is located in Nevada, the matter should be litigated in Nevada. You should retain a Nevada attorney.

This sounds like a "quiet title" lawsuit. Your belief that the escrow company acted intentionally is highly improbable. They would have nothing to gain from this mistake.

It may be possible to resolve the matter by offering to deed the property back to the seller, but I would consult a Nevada attorney right away.

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Answered on 6/07/06, 7:16 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How can I bring out-of-state dispute to home court?

Well, first of all, the issue is subject-matter and personal jurisdiction, not venue. In other words, do the Nevada courts have jurisdiction? If so, is that jurisdiction exclusive, or do the California courts also have jurisdiction?

Almost always, any dispute which does or may affect title to real property will be properly heard before the courts of the state in which the real property is situated.

If a matter can properly be heard in two or more states, e.g. a contract that was formed in Nevada but was to be performed in California, the defendant could be sued in either state, but might be able to have the case moved from where it was filed to the other state with potential jurisdiction by pleading "forum non conveniens" which is legal Latin for "inconvenient forum." If the parties, witnesses and physical evidence are almost all in California, a suit filed in Nevada might be kicked out of court in Nevada by making a motion to the Nevada court arguing this principle.

In your case, I doubt that California courts would accept jurisdiction.

Also, I don't believe a title company can make a recording of a Nevada real property transaction in California. Recording can only be done in the state and county where the real property is situated.

I think you are stuck with defending in Nevada, using a Nevada-licensed lawyer. I'd guess that you can't "stop" the proceedings in Nevada. I'd also say that bringing your own suit in California would be difficult at the outset and fruitless in the long run. Frankly, your allegations that a title company intentionally misbehaved to set you up for a suit sould like pure fantasy. Not impossible, but you'd need very solid proof and would run an enormous risk of a countersuit by the title company for malicious prosecution.

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Answered on 6/07/06, 11:53 pm


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