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[+] Contemporary Realty - NON Payment - Joanie Hahr/VT (5 replies)
8/28/2006 12:43:56 PM (3136 views)

[+] Tax lien redemptions - Kevin Ahern/CT (17 replies)
8/28/2006 6:52:32 AM (2964 views)

[+] Help Request - Michael /KS (13 replies)
8/25/2006 6:07:19 PM (3107 views)

[+] ONE STOP - mason haas/NY (2 replies)
8/25/2006 3:26:05 PM (3003 views)

[+] Want to build a Network - Anna Cousins/CA (6 replies)
8/25/2006 2:43:06 AM (2927 views)




[+] How Criminals Use County Websites - David Bloys/TX (2 replies)
8/24/2006 4:27:29 PM (3957 views)

[+] they cancelled my check... - Loretta Reed/MD (46 replies)
8/24/2006 9:14:27 AM (3430 views)

[+] Same Scam - Different Approach - Jay Duncan/MO (3 replies)
8/23/2006 8:15:09 AM (4161 views)

[+] Info on TitleSearch USA INC? - Corey McClelland/MI (8 replies)
8/20/2006 10:09:11 PM (3774 views)

[+] Abstractor Tools - Angelica Schneider/IN (1 reply)
8/19/2006 5:58:59 PM (2934 views)

Anyone interested in Riverside County CA Commercial Searches? - L ROLAND/CA
8/18/2006 6:59:48 PM (2429 views)

[+] New Management at US Title Search, Inc. - New Management at US Title Search, Inc./NJ (3 replies)
8/18/2006 2:28:08 PM (3203 views)

[+] NALTEA Conference 2007 - Wanda Steudel/OH (3 replies)
8/18/2006 10:21:44 AM (4251 views)

[+] Deed forgery article - Dave Pell/GA (2 replies)
8/18/2006 9:21:26 AM (2940 views)

[-] REM vs. Personam Judgments - Erik Bolme/KY (3 replies)
8/17/2006 9:42:18 PM (2999 views)
Re: REM vs. Personam Judgments - Kevin Ahern/CT
8/18/2006 6:55:49 AM (3890 views)

The following is based on Connecticut law. The terms "In Rem" and "In Personam" relate to the jurisdiction which the court has over the person (In Personam Jurisdiction) or his property located within the forum state (In Rem Jurisdiction"  Very often the individual may not be a resident of the forum state but may own property therein. The court may be unable to exert in personam jurisdiction over the individual through its long arm statute, but would be able to exert in rem jurisdiction over his property.

If the court is able to get in personam jurisdiction over the individual, the judgment attaches to the individual and follows him. The judgment of the forum state may be enforced in the other 49 sister states through the Full Faith and Credit doctrine of the U S Constitution. Each state has its own civil procedure for enforcing foreign judgments.

With in rem jurisdiction the judgment attaches only to the property located within the forum state...not to the individual.

A foreclosure action based on In Rem jurisdiction is fully enforecable against the subject property. However if the property value is less than the debt, it is questionable whether the plaintiff could seek a deficiency judgment against the individual without In Personam jurisdiction.

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Re: REM vs. Personam Judgments - Erik Bolme/KY
8/20/2006 11:44:26 PM (3562 views)
Re: REM vs. Personam Judgments - Kevin Ahern/CT
8/21/2006 6:13:40 AM (3548 views)


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