Judgment Against Property With Rem In Middlesex
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FAQ
After a default judgment has been entered in the court record, the Office of the Special Civil Part will mail you a postcard that shows the date and amount of the judgment entered by the court against the defendant.
Generally, a lien of judgment expires six years after the entry of judgment unless revived.
In Rem jurisdiction: This is used rarely in practice. It is typically reserved for disputes over the ownership of a particular property and purports to resolve the legal question against any possible owner in existence. Good examples are cases involving the seizure of a ship in admiralty law.
An in rem proceeding asserts jurisdiction over the property, affecting the interests of all persons in that property (2 Witkin, California Procedure, Jurisdiction section 243 (5th Ed 2008) but will not result in a personal judgment against the defendant.
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.
In rem jurisdiction is based solely on the location of the property, real or personal. For a particular court to have the authority to determine ownership of a piece of property, that property must be in the physical location over which the court has authority.
A court can exercise in rem jurisdiction over any real or personal property within its territorial jurisdiction. For example, when the plaintiff filed an action to exercise a mechanic's lien in Publix Super Markets, Inc.
Judgments in New Jersey remain in effect for 20 years and may be renewed for an additional 20 years by filing a motion in the Superior Court, Law Division, Civil Part and/or in the Special Civil Part if the Special Civil Part case was assigned a DJ or J docket number.
Judgments in New Jersey remain in effect for 20 years and may be renewed for an additional 20 years by filing a motion in the Superior Court, Law Division, Civil Part and/or in the Special Civil Part if the Special Civil Part case was assigned a DJ or J docket number.
The judgment lien is not going to impact a homesteaded property so the mortgage lender would be able to obtain a first lien on your property. So, as long as you otherwise qualify for a mortgage, the judgment lien should not be a problem.
