In a mortgage foreclosure in an in rem proceeding, against whom is the claim brought?

In an in rem proceeding during a mortgage foreclosure, the claim is directed against the property itself rather than against a specific individual or entity, such as the borrower or lender. This legal approach means that the foreclosure action targets the value of the property as collateral for the mortgage, rather than merely seeking a judgment against the borrower for personal liability.

The essence of an in rem proceeding is that it addresses rights and obligations pertaining to the property, allowing the lender to pursue the asset that secures the loan. If the property is found to be in default on the mortgage payment, the lender can initiate foreclosure proceedings to recover the loan amount through the sale of that specific property. This underscores the fundamental principle that the security for the loan is the property itself, and the legal remedy is the enforcement of the lender's claim against the property value, regardless of who may currently own or occupy it.