illegalbeagle
Member
regarding Pennsylvania, but applicable anywhere.
judgments in foreclosure, all actions to foreclose on property are 'in rem'. they are "de terris", only against the property. they are secured claims... supposedly limited by the value of the collateral.
so why all these impossible judgments? isnt any security supposed to be redeemable? isnt the limit of a secured claim the value of the property itself? less prior liens??
$10,000 house with a $65,000 judgment. $5,000 house with a $30,000 judgment. $300,000 house with a $1,000,000 judgment. etc...
shouldnt the judge, on a state level, strike these claims down to par, in equity? is there any case law? i know about bankruptcy lien-stripping, but isnt this natural to the state level as well? what does it do to the concept of redemption when the debt is inherently unpayable?
judgments in foreclosure, all actions to foreclose on property are 'in rem'. they are "de terris", only against the property. they are secured claims... supposedly limited by the value of the collateral.
so why all these impossible judgments? isnt any security supposed to be redeemable? isnt the limit of a secured claim the value of the property itself? less prior liens??
$10,000 house with a $65,000 judgment. $5,000 house with a $30,000 judgment. $300,000 house with a $1,000,000 judgment. etc...
shouldnt the judge, on a state level, strike these claims down to par, in equity? is there any case law? i know about bankruptcy lien-stripping, but isnt this natural to the state level as well? what does it do to the concept of redemption when the debt is inherently unpayable?
