Question

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, or from Rhode Island, Bethenny's domicile, and cannot benefit from the property in North Carolina.

B. Under federal law, Geraldo will only be able to sell the beach house through attachment 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.

C. Geraldo will be able to sell the beach house in North Carolina through attachment jurisdiction, but he must return to Bethenny any funds obtained in excess of amounts owed.

D. 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.

E. Geraldo will be able to sell the beach house in North Carolina through attachment jurisdiction, and he is entitled to keep any funds obtained in excess of amounts owed.

Answer 1

Answer:

C. Geraldo will be able to sell the beach house in North Carolina through attachment jurisdiction, but he must return to Bethenny any funds obtained in excess of amounts owed

Explanation:

Under attachment jurisdiction also called quasi in rem jurisdiction, Geraldo who has suffered damages on contract breach will be compensated for losses or obtain judgement through the sale of the beach house in North Carolina thowever any excess funds on debt owed gotten through the sale of the house must be remitted or returned to the debtor Bethenny