Judgment Against Property For Rem In New York
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FAQ
In rem is a Latin term meaning "against a thing," which refers to a court's power to adjudicate matters directed against property .
The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.
Here are the California System 1 property exemptions: The Homestead Exemption protects up to $600,000 in your principal residence, which could be a home, boat, condo, or even a planned development. The Motor Vehicle Exemption protects up to $3,625 of equity in your car or other vehicle.
Mechanics of tax foreclosure Under a judicial proceeding (in rem foreclosure), municipalities must file a lawsuit to place a lien on or acquire the deed to a property with unpaid taxes after a certain period of time, usually two to three years.
Generally, an in rem proceeding must be commenced in the jurisdiction where the subject property is located. The presence of the subject property in the forum state usually satisfies any due process concerns for binding out-of-state claimants to the court's judgment.
A court can exercise in rem jurisdiction over any real or personal property within its territorial jurisdiction .
A judgment lien existing against real property at the time of a judgment debtor's death shall expire two years thereafter or ten years after filing of the judgment-roll, whichever is later.
A judgment lien is valid for ten years. N.Y. C.P.L.R. § 5203.
A judgment is good for 20 years, but if the plaintiff wants to enforce the judgment against land it is only good for 10 years unless the plaintiff renews it for another 10 years.
