Legal Question in Credit and Debt Law in Ohio

Forclosure complaint seeks judgement against Defendant in rem only. What does this mean?

Asked on 7/24/15, 4:39 pm

2 Answers from Attorneys

Jann Washington Jann C. Washington, Esq., LLC

In rem is merely a term that means that they are going after the property only and not a personal judgment against the homeowner. More likely than not it is because you filed a bankruptcy and discharged any personal liability for the debt.

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Answered on 7/25/15, 5:23 am
Eric Willison Law Office of Eric E. Willison

In Ohio, it means that the complaint does not seek an actual money damage from you. They are stating to you and the court that they are only trying to get the property back, not get the property back plus a check from you for amounts due and owing on the loan.

You see this happen most often when there has been a bankruptcy and the obligations on the loan have been discharged. The lender holding the mortgage then forecloses, but wants to make it clear to everyone that it is not coming after the discharged debtor for unpaid amounts that were discharged. If the lender were to do that it would find itself in trouble with the bankruptcy court.

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Answered on 7/25/15, 5:46 pm

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