While Florida’s Attorney General continues its investigation into many so-called foreclosure mills, it has now begun investigating two companies that deliver foreclosure notices to defaulted homeowners. While many would consider it a mere technicality, proper service of process is vital to our judicial system. It ensures we are all provided fair notice of any sort of legal action against us.
Two process serving companies, one based in Miami, are being investigated after numerous complaints were filed against them. Complaints include filing questionable statements with the court, back-dating documents and questionable billings. Both of those companies have been used by the now notorious law offices of David J. Stern in Plantation. Two recent court decisions also illustrate the importance of perfecting service of process.
The job of a process server is to personally hand court summonses to defendants. This provides homeowners of the fact that a legal action has been filed against them. It also lets them know that they have 20 days to respond to the complaint or the action will proceed.
As we previously discussed, banks, and their lawyers, are often in a rush to commence legal proceedings to foreclose on your home. In light of all the “robo signing” allegations, and on going investigation launched by Florida’s Attorney General, it should come as no surprise that banks are also often cutting corners to perfect service of process.
Our Miami foreclosure defense lawyers have assisted many homeowners in buying enough time to reach the solution that is right for them. There are many alternatives to foreclosure, and often times it just takes proper planning to properly navigate against the potential pitfalls. Help is often available to those who seek it.
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