Mazhar Tabrezi, f.k.a. Agha Hussain, and Sajida Razvi - Page 4

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          institutions by means of materially false and fraudulent                    
          pretenses.  Petitioners, although mentioned in the indictment,              
          were not charged with any crime regarding their involvement in              
          Mr. Razvi’s fraudulent scheme, and there is no evidence in the              
          record that petitioners were aware of the fraudulent scheme.                
          Thereafter, most of the properties securing the mortgages were              
          foreclosed upon in separate actions, with petitioners named as              
          defendants.  The sheriff then sold the properties in a judicial             
          sale pursuant to the decree of foreclosure.  After the sale, the            
          Illinois State court where the actions were brought issued orders           
          approving the sales.  Some sales resulted in deficiencies (i.e.,            
          the proceeds were less than the judgment amount).  In those                 
          cases, the plaintiffs (usually a bank or other type of commercial           
          lender) obtained an in rem deficiency judgment3 against the                 
          properties but did not obtain an in personam judgment against               
          petitioners.  Other sales resulted in zero deficiencies, and the            

               3 A judgment in rem affects the interests of all persons in            
          designated property, whereas a judgment in personam imposes a               
          personal liability or obligation on one person in favor of                  
          another.  Hanson v. Denckla, 357 U.S. 235 (1958).  It is                    
          characteristic of a judgment in rem that it operates on a thing             
          or status rather than against the person, and binds all persons             
          to the extent of their interest in the thing whether or not they            
          were parties to the proceedings.  50 C.J.S., Judgments, sec. 1054           

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