quasi in rem


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quasi in rem

adj. referring to a legal action which is primarily based on property rights (an in rem action), but includes personal rights as well. (See: in rem, quasi)

References in periodicals archive ?
Courts generally require personal or quasi in rem jurisdiction over the defendant; (14) however, for quasi in rem purposes, the Fourth and Ninth Circuits currently disagree as to whether the property must bear a connection to the dispute before it can serve as a basis for jurisdiction in enforcement actions.
In other words, "to determine the existence of the debt as an original matter," courts require minimum contacts to give rise to personal jurisdiction, or property that is related to the cause of the action to give rise to quasi in rem jurisdiction.
2009) (finding that "Article V's exclusivity limits the ways in which one can challenge a request for confirmation, but it does nothing to alter the fundamental requirement of jurisdiction over the party against whom enforcement is being sought" and that "the numerous other courts to have addressed the issue have each required personal or quasi in rem jurisdiction").
3d at 396 ("[T]he numerous other courts to have addressed the issue have each required personal or quasi in rem jurisdiction.
Upholding the reasoning of the circuit court of Cook County, foreclosure proceedings under the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1101 et seq) are not in rem, but quasi in rem actions, the Illinois Supreme Court has held.
In McQueen, the circuit court issued a detailed decision dismissing the complaint, holding that foreclosure proceedings are quasi in rem proceedings and are not exempt from the general rule that lawsuits against deceased persons are nullities.
Quasi in rem actions, on the other hand, are brought against people, not the subject property.
The court acknowledged that it had characterized foreclosures inconsistently in its prior decisions, sometimes referring to them as in rem proceedings and at other times as quasi in rem actions with no analysis or explanation of why it had selected either term.
The Illinois Supreme Court in June upheld decisions of the Circuit Court of Cook County, finding that mortgage foreclosure actions are quasi in rem proceedings.
Normally, courts would look to the general rules of civil procedure to determine this question, but the question in this instance is dependent upon whether a foreclosure proceeding is characterized as in rem or quasi in rem.
To answer this question, the court distinguished in rem and quasi in rem proceedings.
Since a foreclosure action must be brought against a named defendant, it is best characterized as a quasi in rem proceeding.