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If a Plaintiff is out-of-state, does it have jurisdiction to bring a foreclosure case against a defendant's property in IL?

Chicago, IL |

Shouldn't it be moved from state court to federal court?

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Attorney answers 2

Posted

The court has jurisdiction over the Plaintiff because by virtue of filing the lawsuit, the Plaintiff has subjected itself to the jurisdiction of the court.

Asker

Posted

Does the court have jurisdiction over the Defendant, if defendant hasn't addressed the complaint?

Judy A. Goldstein

Judy A. Goldstein

Posted

If the Defendant has been served, then the court has jurisdiction. These are really odd questions. What is your point?

Asker

Posted

I read that in the state of Illinois, the court doesn't have jurisdiction if parties are not in the same state and the price of property is above $75,000. Only if the defendant pleads does the defendant give personal jurisdiction to the state court.

Posted

A foreclosure action is against the property. As such, jurisdiction is proper where the property is located regardless of where the defendant (homeowner) is located. If the property is located in IL, then jurisdiction is proper in IL, period, end of story.

Foreclosure is purely a state law action.

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