Today I learned what a judgement IN REM vs a judgement IN Personam meant.  Basically, a judgement in REM means that there is a judgement that is attached to the property.  A judgement in Personam means that there is a judgement attached to the person.  This is what happened.  House under contract that was in a trust.  The former owner of this house owned another property which had been foreclosed on.  Unfortunately, Countrywide put a judgement in Personam meaning that the judgement is attached to the person and needs to be paid out from any money that comes out of the trust.  So in essense the judgement from the foreclosure is against the person not the property which seems weird to me.  So if you own multiple properties and you let one property go into foreclosure somehow under certain circumstances the bank can put a judgement against every property and/or any assests that you own not just the one that you stopped paying the mortgage on.  Unfortunately this challenge will probably cost us the $2997 Assignment fee, b/c we were suppose to close on this property today.  I think this topic deserves more discussion.  If anybody knows more about how this happens please enlighten us. www.IndyCashFlowExpert.com
 


Comments

Tue, 08 Sep 2009 09:27:26

The attorney called our title co and said that Countrywide never filed a claim against the estate. Our title co has faxed over the judgement and the attorney is contacting Countrywide...this will be interesting.

 



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