A Twist of Federal with your State Claims, Ye Sayeth

In this foreclosure case the homeowners argued about lack of jurisdiction when the bank et al moved the case from State Court to Federal Court (over $75k claim allows this option) and then they tried to argue all the legal jargon required for a brief for the appellate court.

It’s not easy when you are under pressure, stressed and have limited funds, time and legal know how and are taking your fight against veteran court judges and lawyers for the bank et al.

This is where the Court can rely on what you put down in print to shoot down your reasoning. In this case they relied on the fact the homeowners brought federal arguments to a State claim, therefore acknowledging it is in the right place to be heard, e.g. federal court.

Smith v BDFTE et al

Before SMITH, WIENER, and WILLETT