What is Constructive Service of Process by Publication Under Florida Foreclosure Law?
Florida foreclosure laws governing service of process usually mandate that a process server personally hand a copy of a lawsuit to a homeowner to begin the Florida foreclosure process However, there are circumstances in which a homeowner may receive their lawsuit in the mail. This has led to many homeowners receiving late notice of their lawsuit or claiming not to have received a copy of their lawsuit at all. Florida foreclosure law mandated that lenders and servicers strictly comply with all applicable service requirements before they can serve a person through constructive service.
What Requirements are Placed Upon Lenders Before Constructive Service is Permitted in the Foreclosure Process in Florida?
First, a lender or servicer’s process server must make a few attempts at service.
This has been interpreted by courts as a requirement that at least two or three attempts to hand a summons to the homeowner must be made. Next, the lender or servicer must publish a notice of the lawsuit in a newspaper of general circulation. Finally, the lender or servicer must mail a copy of the summons and lawsuit to the homeowner. Unfortunately, not all of these requirements are always met, and we have met with many clients who have not received their lawsuit at all.
How Can a Florida Foreclosure Attorney at King, Nieves & Zacks Help Me With Service Issues?
If you feel the servicer or lender in your case failed to properly serve you, or if you received a copy of your lawsuit through the mail rather than through personal service, the experienced Florida foreclosure attorneys at KNZ can quickly and accurately determine if you may have a case to contest the bank’s action. We have been involved in precedent-setting service of process cases and will be able to map out a strategy that ensures the bank is forced to comply with all applicable Florida foreclosure laws governing service of process. Unlike many other foreclosure law firms in Florida, our promise to you is that we will never hand your work off to inexperienced associates or untrained and uncertified paralegals. We will never litigate your case endlessly without pursuing your settlement goals, and we will never force you to argue with our paralegal to speak directly with your attorney.