Can foreclosure judgement Z(in rem judgement) coul

Can foreclosure judgement Z(in rem judgement) could be used to garnish money?

2 Answers

Just some of the information. How the bank will garnish based on foreclosure judgement? Is bank will use the foreclosure judgement (in rem) as base for garnishment lawsuit????

Unlike jurisdiction in personam, a judgment entered by a court with in rem jurisdiction does not bind the defendant personally but determines the title to or status of the only property in question.--Foreclosure is obtaining a writ against the property of the defendant. The judgement then satisfied from the property attached, and if the attached property was insufficient to satisfy the claim, the plaintiff could go and sue for deficiency judgement.--If they garnish my money, this is really an in personam action against me??? (or is this some kind of Quasi in Rem)

A deficiency judgment is a lien against a debtor, Defendant, or borrower whose foreclosure sale did not produce sufficient funds to pay the mortgage in full. When a foreclosure is completed and the home is sold or assessed by an appraisal for the loss on the mortgage, the deficit amount the bank will not get back from the balance of the mortgage is called a deficiency. Even if the bank accepts a “deed in lieu of foreclosure” they can still get a deficiency judgment against the borrower.

Yes, it can be used to garnish your wage/checking account. 

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