In a foreclosure sale, does the court where the property is located have “personal jurisdiction” over an out of state homeowner?

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In a foreclosure sale, does the court where the property is located have “personal jurisdiction” over an out of state homeowner?

Person owns a piece of property but resides in a different state; non-judicial foreclosure sale.

Asked on June 8, 2012 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Ther is something called "quasi in rem" jurisdicition, which is a type of personal jurisdiction exercised by a court over a party who owns property within the jurisdictional boundaries of the court.  In other words, it is a way for the court to obtain jurisdiction over a party.  But here the action involves the proeprty too so it has the authroity to make decisions on ownership, etc.  Get help.  Good luck.


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