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In Rem Judgment Foreclosure FAQ

An in rem action is a lawsuit against property.The tax certificate represents a lien on unpaid real estate properties. Often parties purchase Tax Certificates as a means to secure a deed to property. However, a tax sales certificate applicant is not guaranteed title to the property.

If the lender is successful at the end of foreclosure proceedings, it will obtain a final judgment approving the foreclosure and a Writ of Execution.Once the Writ has been received, the Sheriff must schedule an auction for the property within 120 days.

When homeowners don't pay their property taxes, the overdue amount becomes a lien on the property. In New Jersey, once a tax lien is on your home, the collector (on behalf of the municipality) can then sell that lien at a public auction. (N.J. Stat.

Meaning of Foreclosure A mortgage uses the house as collateral, which automatically makes any lien a lender files in rem or a way to gain value by seizing and selling the house. An in rem action to foreclose is a legal action to create a foreclosure sale so a lender can be paid.

It is a lengthy process with strict rules for mortgage lenders and multiple opportunities for you to save your home (or arrange the most favorable alternative). According to Nolo.com, New Jersey has the third-longest foreclosure timeline. The average is 1,161 days (38 months) from that first foreclosure notice.

Normally it takes at least two years for a tax lien to be redeemed, but with vacant properties, they can have tax sale certificates foreclosed in as little as 6 months under the New Jersey Tax Sale law and if a municipality owns the lien it can also be foreclosed on in 6 months.

Foreclosure Eliminates Liens, Not Debt Following a first-mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished and the liens are removed from the property title.

Latin, In the thing itself. A lawsuit against an item of property, not against a person (in personam). 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.

Judgment Foreclosure Rem

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