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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption