Which state should I file in?

Every attempt to get legal advice online begins with "Which State?"... Well, that's my question. I haven't even determined for certain I want to pursue this case, but if I do, I'm not sure where I would be required to file. The basics are:

- A couple divorces in the state of Pennsylvania and go their separate ways.... him to Delaware, her to New Jersey.

- A property they owned together that is located in North Carolina does not sell right away.

- For over a year, the couple continued to split the mortgage payment (both were on the mortgage).

- After some time, the woman stops paying her half of the mortgage and is willing to allow the bank to foreclose (they nearly began to)

- The man is not at ALL willing to allow a foreclosure. To avoid this, he brings the account up to speed (at significant personal expense), and refinances the mortgage on his own (incurring loan cancellation and closing costs). The woman does a quit claim deed. The property is now his responsibility/asset alone.

- The woman had agreed, primarily through email, to pay the man what she had owed prior to relinquishing the property, plus part of the closing costs. After all, the man had helped her avoid foreclosure on her credit.

- Unfortunately, the only nature of this agreement is via email (his mistake, obviously, but it's too late). She has repeatedly balked at paying. The man is considering small claims court.

- Currently, the man lives in Delaware and the woman lives in New Jersey. As said above, the property is in North Carolina.

- So, any off-the-cuff thoughts on if this is a valid case? Or would a judge likely consider the equity she gave up through the QCD to be payment towards her debt to him? And, if it is worth considering, WHERE should the man file... NC, DE, or NJ??

Many thanks,

Carlos

My response:

Jurisdiction rests with North Carolina because that's where the real estate is located. No court, outside of N.C. can make a decision, or render a judgment, concerning land not within its own borders. Therefore, where you, or she, lives now is irrelevant to the issue of proper jurisdiction.

IAAL

Follow-up question

Thank you "IAAL" for the prompt reply to my question.

My follow-up question... Does the jurisdiction rest with NC even though the issue in question is no longer related to ownership or current payment on the property, per se... But rather, the issue is failure to honor a payment agreement that has since been made. Does that make sense? The courts in NC may not care because the mortgage/ownership issue has been dealt with. The problem is a NJ resident not paying a DE resident, as per their agreement.

Or can others out there confirm the above analysis of the situation/jursidiction? Furthermore, does it even seem like a case worth pursuing?

Thanks for all help! This is a great site...

I would think (and they'll correct me if I'm wrong..lol) that if you're only talking about filing a claim to recover what she essentially owes you, then, you would to file the lawsuit in NJ where she lives. If you win a judgment against her, then NJ laws apply for collection remedies.

Actualy, I disagree.

Since the defendant lives in New Jersey, bring your suit there. After all, that is where the defendants assets are located so that you can go after them if needed.

And since this issue solely is based on a breach of promise (or obligation) to pay, that claim is not tied to the real property in North Carolina.