What is the Difference Between REM and Quasi in REM?

The main difference between REM and Quasi in REM lies in the nature of the jurisdiction and the property rights involved.

1. REM (In rem): This refers to an action against a property, seeking to determine the ownership of or rights to that property. In an in rem action, the defendants are numerous, and the court aims to adjudicate every single existing interest in the property.
2. Quasi in REM: This refers to a type of jurisdiction or action based on the property of a person who is absent from the court's jurisdiction. A quasi in rem action is commonly used when jurisdiction over the defendant is unobtainable due to their absence from the state. Like in rem actions, the court may only affect the named defendant's interest in a specific named piece of property. Quasi in rem jurisdiction is typically invoked when the plaintiff cannot obtain a personal judgment against the defendant.

There are two types of quasi in rem actions:

a. Quasi in rem subtype 1 (QIM1): In this type of action, a plaintiff sues to enforce a pre-existing interest in the subject property, such as actions that seek quiet title against another's claim to the property.

b. Quasi in rem subtype 2 (QIM2): In this type of action, the plaintiff does not have an interest in the property and is just using the property as a jurisdictional "hook" to try to satisfy a separate claim against the property owner. The plaintiff may sue to apply the named property to satisfy their claim against the property's owner, where the plaintiff's claim is unrelated to the property.

In summary, while both REM and Quasi in REM involve a court's jurisdiction over property, REM focuses on determining the ownership or rights to the property, while Quasi in REM is based on the property rights of a person absent from the court's jurisdiction and is typically used when jurisdiction over the defendant is unobtainable.

Comparative Table: REM vs Quasi in REM

The difference between in rem and quasi in rem lies in the nature of the jurisdiction and the effect on the property involved in the dispute. Here is a table summarizing the key differences:

In summary, in rem jurisdiction focuses on determining the ownership or rights to a specific property, while quasi in rem jurisdiction deals with property-related disputes affecting the interests of specific named defendants. Both types of jurisdiction involve property, but they differ in terms of scope, subject matter, and the effect on the property.