Residential Savings Mortgage, Inc. v. Keesling

73 So. 3d 280 (2011)

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Residential Savings Mortgage, Inc. v. Keesling

Florida District Court of Appeal
73 So. 3d 280 (2011)

Facts

Residential Savings Mortgage, Inc. (Residential) (plaintiff), a Florida mortgage lender, had its principal, and only, place-of-business in Broward County, Florida. Ramona Keesling (defendant) resided in Pinellas County. Residential solicited Keesling by phone, in Pinellas County, about refinancing her mortgage through Residential. The closing for the refinance loan occurred in Broward County. Keesling ultimately took out a reverse mortgage on her Pinellas County home, reducing its equity, in order to cover the monthly refinance mortgage payments owed to Residential. Keesling filed a tort claim against Residential in Pinellas County for fraud and negligence. Residential moved to transfer venue to Broward County; in a supporting affidavit, Residential argued that Broward County was the appropriate venue because (1) Residential’s principal place of business was in Broward County; and (2) because the closing on Keesling’s refinance loan occurred in Broward County, Keesling’s claims accrued in Broward County. Keesling did not file an affidavit in response to Residential’s transfer motion and did not dispute that the closing occurred in Broward County; instead, Keesling simply argued that Pinellas County was an appropriate venue because she was forced to take out a reverse mortgage in Pinellas County to afford the refinance mortgage payments. The trial court denied Residential’s motion to transfer venue to Broward County. Residential appealed.

Rule of Law

Issue

Holding and Reasoning (Silberman, J.)

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