Asked by Vanessa McKeiver on May 27, 2024
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Bethenny, who resides in Rhode Island, breached a contract entered into in Florida with Geraldo. Geraldo successfully obtains a judgment against Bethenny for $150,000 in a Florida state court. Bethenny lives in a nice apartment in Rhode Island, and her only substantial asset is a vacation beach house in North Carolina. Which of the following is true regarding Geraldo's ability to obtain funds from a sale of the beach house?
A) Geraldo is only entitled to obtain funds from property located in Florida, the location of the lawsuit, and cannot benefit from the property in North Carolina.
B) Geraldo is only entitled to obtain funds from property located in Florida, the location of the lawsuit, or from Rhode Island, Bethenny's domicile, and cannot benefit from the property in North Carolina.
C) Geraldo will be able to obtain his judgment from the sale of the beach house in North Carolina through in rem jurisdiction, and he is entitled to keep any funds obtained in excess of amounts owed.
D) Geraldo will be able to obtain his judgment from the sale of the beach house in North Carolina through in rem jurisdiction, but he must return to Bethenny any funds obtained in excess of amounts owed.
E) Under federal law, Geraldo will only be able to obtain his judgment from the sale of the beach house through in rem jurisdiction if after two years Bethenny has failed to satisfy the judgment, and any sums received in excess of amounts owed to Geraldo go the Federal Housing Administration.
In Rem Jurisdiction
A legal term referring to the power a court has to adjudicate over property located within its territorial boundaries, regardless of the owner's location.
Breached Contract
Occurs when one party fails to fulfill any of its contractual obligations, thereby violating the terms of the contract.
Judgment
The official decision or finding made by a court at the end of a lawsuit.
- Become familiar with the underlying concepts and effects of in rem jurisdiction and long-arm statutes.
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Learning Objectives
- Become familiar with the underlying concepts and effects of in rem jurisdiction and long-arm statutes.
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