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re: Husband cheated and left wife. Before leaving, he took out a HELOC on their house
Posted on 11/28/17 at 8:36 pm to TSLG
Posted on 11/28/17 at 8:36 pm to TSLG
quote:
The in rem defendant will not be personally liable for the judgment, but the property can be used to satisfy the judgment.
Reading the judgement again, this makes sense. She can still loose the house but she is not responsible for the indebtedness. The judgment does say the mortgage is security for the debt.
This post was edited on 11/28/17 at 8:38 pm
0
Posted on 11/28/17 at 8:36 pm to McLemore
quote:
no one uses that term that I know of any more, except occasionally re jurisdiction, but maybe in Louisiana--i didn't take many La courses and have never practiced in the state
How would you guys obtain, and execute, a judgment against a party when pj dosent exist but they have property in the state?
Posted on 11/28/17 at 8:37 pm to Ambassador
quote:Pics?
my Mother
For research purposes only.
Posted on 11/28/17 at 8:38 pm to Ambassador
Wait. Do I know you IRL? This sounds oddly like a guy I know with family in the Funroe area 
Posted on 11/28/17 at 8:41 pm to TSLG
That's what I was saying--i only hear it re jurisdiction. Not a type of judgment or remedy.
I get what you're saying though. If someone has in rem jurisdiction, then the judgment obtained on the basis of that jurisdiction would be in rem only. So it could be against her only to the extent of the property.
In decades of practice, I've literally never seen that.
I thought that was just for the civ pro (and admiralty) books. Ha.
Eta: holy shite I can't type tonight.
I get what you're saying though. If someone has in rem jurisdiction, then the judgment obtained on the basis of that jurisdiction would be in rem only. So it could be against her only to the extent of the property.
In decades of practice, I've literally never seen that.
I thought that was just for the civ pro (and admiralty) books. Ha.
Eta: holy shite I can't type tonight.
This post was edited on 11/28/17 at 8:46 pm
Posted on 11/28/17 at 8:43 pm to Ambassador
quote:
the wife is my Mother
This sucks, bro. The shitty part is that the property is likely the easiest method for your plaintiff to collect.
Have you guys considered the criminal and/or civil fraud route against the ex? Your local da might be able to help your mom get a few smiles and some closure.
What Parish?
Posted on 11/28/17 at 8:45 pm to Ambassador
quote:
And for the record, the wife is my Mother. She is in tears asking me what this means as she has been served with papers with the bank asking for a sheriff sale of her home.
Goddamn, I would have a hard time not killing the bastard...
Posted on 11/28/17 at 8:46 pm to Ambassador
quote:
You are right, the man is a dick and this is only the tip of the iceberg of what he stole. And for the record, the wife is my Mother.
Your dad sucks. Hope you don't get his genes.
Posted on 11/28/17 at 8:47 pm to TSLG
I'm also confused as to why there wouldn't be pj against her in the state if she lived there.
It's too late (and too many beers) for thinking. I'm going to find a f'ed up a FL thread.
It's too late (and too many beers) for thinking. I'm going to find a f'ed up a FL thread.
Posted on 11/28/17 at 8:50 pm to TSLG
quote:
Have you guys considered the criminal and/or civil fraud route against the ex? Your local da might be able to help your mom get a few smiles and some closure.
Yes we have, but when he took out the HELOC, he had the legal right to take out the loan and it is no different than anything else he took. It is now up to the civil courts to sort out.
Posted on 11/28/17 at 8:54 pm to Ambassador
quote:
Asking because the wife's attorney is out of town and the family really wants to know what is going on.
If the family really wants to know what is going on, tell them to wait for the attorney to get back and not rely on free online advice.
Posted on 11/28/17 at 8:55 pm to Ambassador
In rem means as to the property (i.e., the house that is security for the HELOC). They can't pursue the wife for any deficiency judgment.
She may be able to procede against the ex husband in family court, depending upon the state and whether the state is a community property state.
She may be able to procede against the ex husband in family court, depending upon the state and whether the state is a community property state.
Posted on 11/28/17 at 8:57 pm to Ambassador
An in rem judgment would be a judgement related the property.
As someone mentioned above, I hardly hear in rem used when it comes to judgments. I always hear it in the context of jurisdiction.
As someone mentioned above, I hardly hear in rem used when it comes to judgments. I always hear it in the context of jurisdiction.
This post was edited on 11/28/17 at 9:00 pm
Posted on 11/28/17 at 9:10 pm to McLemore
quote:
I'm also confused as to why there wouldn't be pj against her
Me too, but we were only asked what in rem meant. Lol
Posted on 11/28/17 at 9:15 pm to Jim Smith
Was he in Texas?
Posted on 11/28/17 at 9:18 pm to Pvt Hudson
No, Louisiana.
Posted on 11/28/17 at 9:19 pm to TSLG
quote:This.
The in rem defendant will not be personally liable for the judgment, but the property can be used to satisfy the judgment.
Posted on 11/28/17 at 9:23 pm to Ambassador
In rem means against the property.
Posted on 11/28/17 at 9:24 pm to FCP
quote:
quote:
The in rem defendant will not be personally liable for the judgment, but the property can be used to satisfy the judgment.
This.
Correct
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