He has defaulted, over 1 year. Now resides in California. I could foreclose but this is land only.
First trust is over 50,000.
Since Nevada law controls you would be well advised to ask this question of a Nevada lawyer. Nevada may have a law similar to California's "one form of action rule" which requires a lender to first look to the security. Use the "Find a Lawyer" function here on Avvo to locate a Nevada real estate attorney.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice or counsel. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
2 found this helpful
4 lawyers agree
The question is whether there is a guaranty or some other basis of asserting personal jurisdiction of the person. While California would have jurisdiction over him as a resident, the issue is whether the California court has jurisdiction over the subject matter of the action. Based on the facts provided that answer would be no. Your suit is related to the property and is what is call "in rem". You need to file in Nevada. You need to consult with a Nevada attorney for the best way to preserve your rights.
The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
2 found this helpful
2 lawyers agree