Can A Bank Foreclose On A Homeowner Without Personally Serving Them?

Can A Bank Foreclose On A Homeowner Without Personal Service
Can A Bank Foreclose On A Homeowner Without Personal Service

The great thing about our laws is that if someone files a lawsuit against you, you must receive notice.  In other words, you must be able to respond.  However, there are times when they are unable to get personal or substitute service.  As a result, they obtain service via publication.  If you have discovered that your property is being set for Hearing or there is an upcoming Foreclosure Sale, contact 954 Foreclosure Attorneys at 954.237.7740.  As Vacating a Foreclosure Default can be complicated, contact your Experienced Foreclosure Attorneys to help you with the Process.

What Are My Options If I Was Never Served?
What Are My Options If I Was Never Served?

What Are My Options If I Was Never Served?

A person’s home is their most important investment.  The thought of losing it to Foreclosure can be devastating. If a Bank has tried to serve you, but has not been successful, they will proceed with service by publication.  Before publication, an Affidavit of Diligent Search will be filed.  This document states that multiple attempts to personally or substitute serve the Homeowner have been unsuccessful.  In addition, it may allege that service is being avoided.  While a Homeowner may not have been avoiding it,  without attempting to vacate, the Bank will be able to sell their property.

On the other hand, if a Homeowner discovers that a Hearing or Sale has been scheduled, they can file a Motion to Vacate due to ineffective service.  In addition, they can file a Motion to Cancel Sale and Request an Evidentiary Hearing.  As it relates to service, the Court may cancel the Sale and hear the Motion.  While Vacating a Foreclosure Default can be tricky, if it is found that you did not avoid service, you will likely be given a chance to be heard.

If you are a Homeowner in Foreclosure, contact 954 Foreclosure Attorneys, PLLC at 954.237.7740.

A Detroit, Michigan native, Mr. Shipp graduated from Florida State University in 2003. After Law School, Ryan moved to South Florida. Ryan has become a Member of the Florida Bar in 2008 and has protected the Rights of Homeowners in Foreclosure since 2014.

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