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[+] Absolute Property Services, Inc. - President of Absolute/NY (19 replies)
12/4/2006 2:28:48 PM (2484 views)

[+] We're hiring abstractors! - Deborah Manion/VA (2 replies)
12/1/2006 11:50:47 AM (2300 views)

[+] Missed open mortgage - DF/NV (5 replies)
11/30/2006 12:58:17 PM (2454 views)

[+] Ameristar - christine /MA (7 replies)
11/29/2006 1:29:23 PM (2392 views)

[+] Housing Sales - Kevin Ahern/CT (17 replies)
11/29/2006 10:28:17 AM (2178 views)


Real Title Services


[+] Paragon Property Services - Joanie Hahr/VT (2 replies)
11/28/2006 5:52:57 PM (2252 views)

[+] Courthouse Connection work - Becky Black/FL (9 replies)
11/28/2006 11:36:14 AM (2220 views)

[+] Absolute Property Services - PATRICIA PALMER/PA (13 replies)
11/27/2006 10:56:50 PM (2461 views)

[+] Steve Meinecke, Get in Touch - Jan Forster/NC (1 reply)
11/27/2006 7:46:28 PM (1947 views)

[+] Better position in the directory - Robert Franco/OH (1 reply)
11/27/2006 2:04:55 PM (2071 views)

[-] ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Daniel Zereski/OH (23 replies)
11/27/2006 11:07:17 AM (2800 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Robert Franco/OH
11/27/2006 11:41:31 AM (2106 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Daniel Zereski/OH
11/27/2006 1:20:04 PM (1951 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Kevin Ahern/CT
11/27/2006 2:38:42 PM (1957 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Patrick Scott/IL
11/27/2006 3:26:24 PM (1926 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Kevin Ahern/CT
11/27/2006 4:14:03 PM (1865 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Douglas Gallant/OH
11/27/2006 6:01:25 PM (1804 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Kevin Ahern/CT
11/27/2006 6:27:59 PM (1901 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Douglas Gallant/OH
11/27/2006 7:14:24 PM (1850 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Kevin Ahern/CT
11/27/2006 7:51:15 PM (1919 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - george Hubka/MI
12/3/2006 5:34:52 PM (1868 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Kevin Ahern/CT
12/4/2006 5:34:10 AM (1947 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Scott Perry/PA
11/27/2006 8:19:18 PM (1870 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Tammy Knight/MO
11/28/2006 3:15:28 AM (1928 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - JOSEPH MARTINEZ/NM
12/1/2006 11:36:15 AM (1885 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Robert Franco/OH
12/1/2006 2:19:08 PM (1914 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - george Hubka/MI
12/3/2006 5:44:48 PM (1841 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Robert Franco/OH
12/3/2006 6:50:27 PM (1903 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Jay Duncan/MO
12/3/2006 7:45:57 PM (1966 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - george Hubka/MI
12/4/2006 9:12:26 PM (1874 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Kevin Ahern/CT
12/4/2006 6:13:09 AM (1909 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Scott Perry/PA
12/4/2006 8:46:49 AM (1922 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - george Hubka/MI
12/4/2006 9:23:05 PM (1977 views)
Re: ExamNet ownership response to Joseph Martinez’ 10/17/06 post - Kevin Ahern/CT
12/5/2006 6:35:55 AM (1796 views)

Very true George...What you are talking about is a choice of forum clause in a contract. Without it the defendant abstractor would normally be sued in the state in which he resides. However, the parties to the contract are free to alter that forum. They are free to select whichever state they feel is best for the litigation. Generally the residence of one party or the other is what gives the court jurisdiction to hear the case. Consequently, the choice of forum would most likely be limited to the state in which one or the other resided.

They are also free to select whatever state's law will govern the validity and performance of the contract through a choice of law clause. They may  select the law of either the plaintiff's or the defendant's residence or even the law of a third state in which neither resides.

Both choice of forum and choice of law provisions in a contract are very popular in collection cases in which interest on delinquent accounts is sought. Very often the plaintiff will select the law of a state that permits higher rates of interest in order to avoid the defendant's defense of usury. In Connecticut usurious interest rates make both the principal debt and the interest uncollectable.

I had a case recently in which the choice of law was that of Massachusetts, but there was no choice of forum in the contract. So although Massachusetts law governed the contract, the forum was here in Connecticut where the defendant resided. Apparently the defense attorney had not read the contract very carefully, and asserted a counterclaim under Connecticut's unfair trade practices statute. I was able to pull the rug out from under him at the last minute by arguing that his client had waived the right to recovery under Connecticut law when he chose Massachusetts law in the contract. It worked. He should have pleaded the Massachusetts equivalent of unfair trade practices, but failed to do so, nor did he amend his counterclaim to plead the Massachusetts law.

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[+] Group 9 - Smitty Strickland/SC (5 replies)
11/27/2006 10:25:07 AM (2132 views)

[+] Site for troops - Tammy Knight/MO (2 replies)
11/21/2006 6:41:52 PM (3010 views)

[+] Happy Holiday's - J.T. Shoemaker/NY (1 reply)
11/21/2006 6:12:47 PM (3031 views)

[+] Out of Business! - Robert Franco/OH (2 replies)
11/21/2006 3:58:00 PM (2327 views)


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