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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 33369
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I filed a AFFIDAVIT OF NEGATIVE AVERMENT, OPPORTUNITY TO CURE,

Resolved Question:

I filed a AFFIDAVIT OF NEGATIVE AVERMENT, OPPORTUNITY TO CURE, AND COUNTERCLAIM civil case in the 14th judicial circuit of florida against my mortgage company. My mortgage company had filed a foreclosure on me and civil lawsuit about a year and a half ago, so that was a counter civil case against them that I filed. Of course, that court will not open back up the case as the house was sold to federal home loan mortgage corporation and the judge won't even look at my civil case. My question is, what federal district court should I file a federal affidavit of negative averment in? Should it be the federal district in the county where the mortgage company filed against me and where my house is located, or should it be filed in the district in the county where the mortgage company is headquartered in Ocala, Florida? My claim is before the court seeking a remedy in Admiralty as is provided by “The Saving to the Suitors Clause”atUSC28-1333(1). Also, the precedent set by Haines vs. Kerner
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 4 years ago.

A plaintiff can file in Federal Court under federal question juridiction, wherever the claimed injury occurred, or where the defendant can be found. So, the answer is "either" federal district court.

 

Hope this helps.

 

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Customer: replied 4 years ago.
Can my civil suit to the federal district court be in the same format as the state county suit that I filed? What is federal question jurisdiction? What is the US code reference?
Expert:  socrateaser replied 4 years ago.

Federal Courts have their own rules for pleadings. It will be similar but not identical to state court. Review the local court rules on the court's website.

 

A federal court can only assert subject matter jurisdiction over a case if (1) the case arises under the federal constitution, federal law or regulation. This is the basis of Federal Question Jurisdiction; or (2) where no defendant is domiciled in the same jurisdiction as any defendant, and the amount in controversy, exclusive of costs, exceeds $75,000.

 

See 28 USC 1331; 28 USC 1332.

 

socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 33369
Experience: Attorney and Real Estate broker -- Retired (mostly)
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