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I lent $ to an individual for a Nevada property as a first trust deed. Can I sue him in California?

North Hollywood, CA |

He has defaulted, over 1 year. Now resides in California. I could foreclose but this is land only.
First trust is over 50,000.

Attorney Answers 3


Nevada law controls. Your remedy as a mortgage lienholder is to foreclosure pursuant to Nevada law.

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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.

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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.

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