Foreclosure

How To Serve Foreclosure Documents Properly

By February 22, 2018 No Comments
how to serve foreclosure documents

Service of process and protecting due process rights is always an important part in any legal matter, but knowing how to serve foreclosure documents requires additional expertise and knowledge. To serve foreclosure documents properly, it is important to have a process server you can trust.

The Impact of Defective Service 

Once it’s been determined service is defective or improper, cases generally need to start over from the beginning no matter how far they are into the case. From the perspective of the lender and the attorney there are significant cost ramifications for delaying the timeline.

Not only will additional time need to be spent on the case exceeding what was originally planned, in the instance of vacant and abandoned properties there is also the cost of maintenance. The longer these homes and buildings sit the longer there is the possibility for additional issues to arise from lack of use.

Strict Court Foreclosure Requirements

Given the magnitude of foreclosures in terms of both monetary value and emotional impact, courts have set a very high bar for what constitutes proper service. A lack of due diligence or a challenge to service is going to be thoroughly examined.

No matter what documents being served in a foreclosure matter they should all be given the same level of attention. Multiple attempts at different times of the day, efforts to locate an alternate address if the subject has moved and thorough documentation are all necessary from your process server.

How To Serve Foreclosure Documents

Every single day matters when it comes to timelines and costs. A foreclosure process server should have thorough knowledge of the rules and laws to avoid any possibility of defective service. They should be skilled in how to prove due diligence, making multiple attempts at different times of the day in an effort to complete personal service.

When choosing a process server, it’s also important to select one who will be able to back up their service attempts in court. Should they be in called in for a Traverse Hearing a professional demeanor, detailed notes and ability to recall the service will go a long way toward proving service was actually completed in accordance with all rules.

Service of process in foreclosure matters can significantly impact a case and its timeline so be sure to choose your process server wisely.

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