Balash-Ioannidou v. Contour Mortgage Corporation

Background

Anna T. Balash-Ioannidou, who the opinion says lives in Astoria, Queens County, New York, filed a self-represented lawsuit against Contour Mortgage Corporation and Wilmington Savings Fund Society, FSB. She invoked the court’s authority over disputes between citizens of different states and sought declaratory and injunctive relief concerning foreclosure proceedings involving real property in Astoria. She alleged that both defendants were corporations registered in Delaware but did not provide their addresses.

Venue and Transfer

The court considered the federal venue statute, which allows a civil case to be filed in certain districts connected to the defendants or to the events giving rise to the claims. Because the defendants’ residences were unknown, the court said it was unclear whether venue was proper in either the Southern District of New York or the Eastern District of New York based on the defendants’ residence. The court nevertheless explained that venue was proper in the Eastern District under the provision covering the district where a substantial part of the events occurred, because Queens County is in that district.

The court also applied the statute allowing transfer for the convenience of the parties and witnesses and in the interest of justice, even when venue in the original court is proper. It found that the underlying events occurred in Queens, where the plaintiff lived, the property was located, and the foreclosure proceedings were pending in New York State Supreme Court. The court considered it reasonable to expect that relevant documents and witnesses would also be in Queens. It concluded that the Eastern District of New York appeared to be the more convenient forum.

Disposition

The court transferred the action to the United States District Court for the Eastern District of New York. It stated that the transferee court would decide whether the plaintiff was entitled to preliminary injunctive relief. The clerk was directed to transfer the action, no summons was to issue from the Southern District of New York, and the order closed the case in that court. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees.