What does REM mean in legal terms?
against or about a thing
from the Latin “against or about a thing,” referring to a lawsuit or other legal action directed toward property, rather than toward a particular person. Thus, if title to property is the issue, the action is “in rem.”
What Is REM contract?
Related Content. A Latin term meaning “against a thing.” An in rem proceeding adjudicates the rights to a particular piece of property for every potential rights holder, even potential rights holders who are not named in the lawsuit.
What does defendants in rem mean?
The phrase in rem is one of many Latin phrases that has made its way into the common lexicon of legal phrases. It is translated as “in a thing,” and means that the court is treating the property itself as the defendant.
What does in rem mean in a foreclosure?
The first is an “in-rem” judgment of foreclosure. That means that the judgment is only against the property. This allows the bank only to continue with the foreclosure process and get the house back, and evict whoever lives there. The lender CANNOT sue the person for money.
What is an example of in rem jurisdiction?
For example, in rem jurisdiction would apply to a case in which someone has found a diamond ring and has initiated an action to determine to whom the ring belongs. For a court to exercise in rem jurisdiction, five conditions must be satisfied: Value of property: The property must be valuable.
Is a lease a right in rem?
Your right to live in the house might be of either kind. To know which, we need further information. For example, if you simply rent the house from me, your right will be a ‘lease’, and in rem; but if your right is to live in it with me, as my lodger, it will be a ‘licence’, and in personam.
What is an example of in rem?
It is usually invoked when courts are asked to determine the rights of all people concerning some property. For example, in rem jurisdiction would apply to a case in which someone has found a diamond ring and has initiated an action to determine to whom the ring belongs.
What is in rem writ?
In rem jurisdiction (“power about or against ‘the thing'”) is a legal term describing the power a court may exercise over property (either real or personal) or a “status” against a person over whom the court does not have in personam jurisdiction.
What is proceedings in rem?
An action in rem is a proceeding that takes no notice of the owner of the property but determines rights in the property that are conclusive against all the world. The object of in-rem proceedings is to determine the disposition of the property, regardless of who the owner is or who else might have an interest in it.
What does in rem only mean?
In rem means that the claim is against the property and not you personally. That is why the statement you quoted, “Plaintiff(s) do not seek any monetary relief or personal judgment against any defendant idenfied as ‘In Rem Only'” was included.
How a court can establish in rem jurisdiction over a person?
What does in rem jurisdiction mean?
Definition of In Rem. Against or pertaining to a thing itself.
– jurisdiction over the parties or things (usually referred to as personal jurisdiction); – jurisdiction over the subject matter; and. – proper venue.
What does the legal term REM mean?
This kind of lawsuit is called a lawsuit “ in rem .” The phrase in rem is one of many Latin phrases that has made its way into the common lexicon of legal phrases. It is translated as “in a thing,” and means that the court is treating the property itself as the defendant.
What is in rem jurisdiction?
General vs specific jurisdiction. Under the general jurisdiction vs specific jurisdiction,a court may exercise general jurisdiction on any claim asserted against a defendant when that person resides in the