Home Foreclosures: 8.5.3 Personal Jurisdiction over Out-of-State Defendants
Given the rise of mortgage securitization, it is now very common for out-of-state entities to be involved in cases related to residential home mortgages. If the homeowner brings an affirmative action against out-of-state entities, the court must have personal jurisdiction over those defendants. For cases brought in both state and federal court, jurisdiction over out-of-state parties will be governed by the state long-arm statute.394 Courts must also determine whether exercise of jurisdiction satisfies due process requirements.