The definition of in rem in real estate is a legal case against a property rather than a person. The legal application of in rem in real estate is most often seen when a homeowner defaults on their mortgage and the bank forecloses on the property. In such cases, the court must be located in the same county as the property being prosecuted.
Example of in rem in real estate
Will is an ambitious software developer living in the heart of the Silicon Valley. After designing and selling the rights to a successful ride-sharing app, Will suddenly finds himself in the possession of a large sum of money. As many newly wealthy individuals often do, Will quickly bought an extravagant home in an affluent neighborhood.
However, things would not continue to go well for Will. The tech game is a cutthroat place, and those who don’t continuously innovate are rapidly left behind. As project after project fails, Will’s bank account shrinks further and further, and before long he is deep in debt, due to his lavish but unsustainable lifestyle.
Before long, the bank comes around looking for its monthly payment, and Will is unable to pay. The next month, the situation remains the same, and by the third month the house is marked for repossession. With his credit score at an all time low and nowhere to turn, Will packs up his belongings and leaves the house, unable or unwilling to face the consequences of his choices.
With Will nowhere to be found, the bank proceeds to file an in rem case against the property itself. With no objections, the case proceeds, and in a very short period of time the bank has foreclosed on the home. This is an example of how in rem is used in real estate.
Popular Real Estate Terms
Homes with division of ownership or use of a resort unit on the basis of time periods. For example, a resort home may be divided into 25 time shares of two weeks each, with two weeks left ...
Features a home buyer orders from a custom builder or developer when purchasing a home. For example, a customer may order a two-car garage when buying a home requiring an additional charge. ...
A clause in a document forbidding an individual from selling or transferring the subject property to another. Frequently, nonalienation clauses are used in a trust where the grantor of the ...
A heating system consisting of a heating unit forcing hot air through an interconnected network of air ducts with outlets throughout the structure. The advantages if a forced hot air system ...
Removal of land by the action of water. See also erosion. ...
Money earned or accrued during an accounting period that results in the increase in total assets. Items such as rental income. Revenues arising from the sales of real estate. The ...
Land zoned for industrial use including manufacturing, factory office and warehouse space, research and development. ...
Court order granted in favor of the landlord to remove a tenant from the property because of nonpayment of rent and/or damaging the property. The writ directs an officer of the law to ...
Costs taken over an above what one is entitled to. This can occur either by claiming depreciation costs exceeding actual depreciable value or by depreciating items that cannot be ...
Comments for In Rem
Looking for foreclosure properties.
Sep 22, 2024 16:50:55Hi Evelyn thank you for reaching out to us today. please click this link and view the agents we have in the area that would be happy to assist you. https://www.realestateagent.com/real-estate-directory/new-york-city_ny.html
Good Luck -- Have a Great Day!!!!
Oct 08, 2024 14:52:58On a land parcel map, what do the letters REM before the lot number mean?
May 27, 2021 20:07:26Hey Maia! Thank you for reaching out to us. The letters REM on land parcel maps are an abbreviation for "remainder areas". When a parcel is split into smaller lots, we can find that notation on the remaining area on each side of the lot in question, along with information about the remainder area. In older drawings that showed how the land was sectioned, remained areas were noted with "left" or "right", depending on which side of the lot they were. Nowadays, the notation changed to REM for any area left outside of a parcel lot, regardless of its position to the lot in question.
Jun 03, 2021 11:39:47Have a question or comment?
We're here to help.