Mark Stopa - March 20th, 2012 - Stopa Law Firm
A basic element of any lawsuit, including a foreclosure lawsuit, is a plaintiff’s obligation to effectuate service of process on a defendant. Service of process is a fundamental tenant of a defendant’s right to due process, as it ensures a defendant knows about a lawsuit and is given an opportunity to defend.
One of the things I enjoy most about foreclosure defense is challenging service of process when I believe it to be insufficient. When is that? Well, in my experience, bona-fide challenges to service of process invariably arise when the plaintiff tries to effectuate service by publication.
Read the rest of the story:
http://www.blogger.com/img/blank.gifChallenging Service of Process
Showing posts with label foreclosure. Show all posts
Showing posts with label foreclosure. Show all posts
Tuesday, March 20, 2012
Tuesday, March 13, 2012
Political candidate's multimillion dollar foreclosure
9 Investigates - March 13, 2012 - KISSIMMEE, FL
WFTV has found out about a multimillion dollar foreclosure on the property of a state representative candidate.
Matt Falconer has made a name for himself by pitching big cost-cutting for government, but investigative reporter George Spencer found that just last year, one of Falconer's own business ventures fell through.
Nowadays, a "property available" sign sits out front of a Kissimmee strip mall.
Read the rest of the story:
Political candidate's multimillion dollar foreclosure
WFTV has found out about a multimillion dollar foreclosure on the property of a state representative candidate.
Matt Falconer has made a name for himself by pitching big cost-cutting for government, but investigative reporter George Spencer found that just last year, one of Falconer's own business ventures fell through.
Nowadays, a "property available" sign sits out front of a Kissimmee strip mall.
Read the rest of the story:
Political candidate's multimillion dollar foreclosure
Wednesday, January 4, 2012
DJSP sues David J. Stern alleging fraud in purchase of mortgage processing arm
KERRY CURRY - January 4th, 2012
housingwire.com
DJSP Enterprises, the back-office arm of the Law Offices of David J. Stern, has sued Stern and his law firm, alleging fraud in the 2009 transfer of the mortgage document processing arm out of the firm and into a publicly traded entity.
The lawsuit, filed Tuesday in a Broward County, Fla., state court alleges fraudulent misrepresentations and inducements to get DJSP to buy the nonlegal mortgage operations of the Stern law firm. DJSP notified the Securities and Exchange Commission of the lawsuit Wednesday in a regulatory filing.
Read the rest of the story here:
DJSP sues David J. Stern alleging fraud in purchase of mortgage processing arm
housingwire.com
DJSP Enterprises, the back-office arm of the Law Offices of David J. Stern, has sued Stern and his law firm, alleging fraud in the 2009 transfer of the mortgage document processing arm out of the firm and into a publicly traded entity.
The lawsuit, filed Tuesday in a Broward County, Fla., state court alleges fraudulent misrepresentations and inducements to get DJSP to buy the nonlegal mortgage operations of the Stern law firm. DJSP notified the Securities and Exchange Commission of the lawsuit Wednesday in a regulatory filing.
Read the rest of the story here:
DJSP sues David J. Stern alleging fraud in purchase of mortgage processing arm
Monday, June 6, 2011
Florida Couple Threatens Bank With Foreclosure
TAMARA LUSH - Associated Press
ST. PETERSBURG, Fla. June 6, 2011 (AP)
Months after Bank of America wrongly foreclosed on a house Warren and Maureen Nyerges had already paid for, they were still fighting to get reimbursed for the court battle.
So on Friday, their attorney showed up at a branch office in Naples with a moving truck and sheriff's deputies who had a judge's permission to seize the furniture if necessary. An hour later, the bank had written a check for $5,772.88.
"The branch manager was visibly shaken," attorney Todd Allen said Monday, recalling the visit to the bank last week. "At that point I was willing to take the desk and the chair he was sitting in."
Read the rest of the story here:
Florida Couple Threatens Bank With Foreclosure
ST. PETERSBURG, Fla. June 6, 2011 (AP)
Months after Bank of America wrongly foreclosed on a house Warren and Maureen Nyerges had already paid for, they were still fighting to get reimbursed for the court battle.
So on Friday, their attorney showed up at a branch office in Naples with a moving truck and sheriff's deputies who had a judge's permission to seize the furniture if necessary. An hour later, the bank had written a check for $5,772.88.
"The branch manager was visibly shaken," attorney Todd Allen said Monday, recalling the visit to the bank last week. "At that point I was willing to take the desk and the chair he was sitting in."
Read the rest of the story here:
Florida Couple Threatens Bank With Foreclosure
Monday, April 4, 2011
Not a Wonderful Life: The Effects of Aggressive Foreclosure
gapersblock.com - Apr 04 2011
Zabrina WorthyZabrina Worthy frets when she talks about losing her house. She never saw how it could happen to her the way it did. Her voice cracked with tears at the first words she spoke to me, over the telephone: "I completely lost everything I had." When they boarded her house, she didn't just lose her home. Her computer, her furniture, her business — all the things she and her three children owned — were locked inside.
Read the rest of the story:
Not a Wonderful Life: The Effects of Aggressive Foreclosure
Zabrina WorthyZabrina Worthy frets when she talks about losing her house. She never saw how it could happen to her the way it did. Her voice cracked with tears at the first words she spoke to me, over the telephone: "I completely lost everything I had." When they boarded her house, she didn't just lose her home. Her computer, her furniture, her business — all the things she and her three children owned — were locked inside.
Read the rest of the story:
Not a Wonderful Life: The Effects of Aggressive Foreclosure
Monday, December 27, 2010
Problems with foreclosure notices loom as next flaw in process
By Kimberly Miller - Palm Beach Post Staff Writer - Monday, Dec. 27, 2010
Improperly served foreclosure notices may be the mortgage industry's next roadblock to repossessing homes.
The Florida attorney general's office is investigating two of the state's largest companies that serve court summonses on homeowners, while at the same time judges are throwing out rulings based on faulty deliveries.
This month, appeals courts in Miami and Palm Beach County sided with homeowners in foreclosures where judges agreed their summonses were not appropriately served.
In the Miami case, the homeowner said she was recovering at her mother's home after surgery when the person serving her the summons swore he personally handed it to her at her residence.
But the server's own notes on the file showed he left the documents at the door after seeing curtains move and assuming someone was home. The homeowner later said she had no knowledge of the foreclosure until a final judgment was entered against her.
"Curtains may move because of the wind or curious cats, and not just because some prospective defendant is attempting to avoid service," the appeals decision noted.
Read the rest of the story:
Problems with foreclosure notices loom as next flaw in process
Improperly served foreclosure notices may be the mortgage industry's next roadblock to repossessing homes.
The Florida attorney general's office is investigating two of the state's largest companies that serve court summonses on homeowners, while at the same time judges are throwing out rulings based on faulty deliveries.
This month, appeals courts in Miami and Palm Beach County sided with homeowners in foreclosures where judges agreed their summonses were not appropriately served.
In the Miami case, the homeowner said she was recovering at her mother's home after surgery when the person serving her the summons swore he personally handed it to her at her residence.
But the server's own notes on the file showed he left the documents at the door after seeing curtains move and assuming someone was home. The homeowner later said she had no knowledge of the foreclosure until a final judgment was entered against her.
"Curtains may move because of the wind or curious cats, and not just because some prospective defendant is attempting to avoid service," the appeals decision noted.
Read the rest of the story:
Problems with foreclosure notices loom as next flaw in process
Saturday, November 14, 2009
Homeowners don’t see the payoff
Clients stuck as firm bounces refi checks
Mary Ellen Podmolik - Chicago Tribune - Friday, November 13, 2009
Jeff Franson refinanced his mortgage in early April, switching from Chase to SecurityNational Mortgage.
But as he mowed the front lawn of his Mokena, Ill., home one sunny Saturday last month, a process server drove up and handed Franson papers saying that Chase planned to foreclose on the house.
Franson was current on his SecurityNational mortgage, but a $93,702.51 check that Counselors’ Title Co. had cut to pay off his old Chase loan had bounced. Chase was filing for foreclosure after months of calls and letters between Franson, his lawyer and the firms involved failed to resolve the matter.
Read the rest of the story:
Homeowners don’t see the payoff
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Mary Ellen Podmolik - Chicago Tribune - Friday, November 13, 2009
Jeff Franson refinanced his mortgage in early April, switching from Chase to SecurityNational Mortgage.
But as he mowed the front lawn of his Mokena, Ill., home one sunny Saturday last month, a process server drove up and handed Franson papers saying that Chase planned to foreclose on the house.
Franson was current on his SecurityNational mortgage, but a $93,702.51 check that Counselors’ Title Co. had cut to pay off his old Chase loan had bounced. Chase was filing for foreclosure after months of calls and letters between Franson, his lawyer and the firms involved failed to resolve the matter.
Read the rest of the story:
Homeowners don’t see the payoff
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Estero bride-to-be faces foreclosure despite paying her bills
naplesnews.com - By AISLING SWIFT - November 14, 2009
ESTERO — Natalie Pickens of Estero opened the door of her Fountain Lakes home one May night and found a process server standing on her doorstep.
He handed her a notice of foreclosure.
“I was like, ‘That’s pretty weird. I’m pretty sure we’ve paid the bills,’” the 22-year-old Pickens said she told him.
Read the rest of the story:
Estero bride-to-be faces foreclosure despite paying her bills.
http://www.naplesnews.com/news/2009/nov/14/estero-bride--be-faces-foreclosure-despite-paying-/
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ESTERO — Natalie Pickens of Estero opened the door of her Fountain Lakes home one May night and found a process server standing on her doorstep.
He handed her a notice of foreclosure.
“I was like, ‘That’s pretty weird. I’m pretty sure we’ve paid the bills,’” the 22-year-old Pickens said she told him.
Read the rest of the story:
Estero bride-to-be faces foreclosure despite paying her bills.
http://www.naplesnews.com/news/2009/nov/14/estero-bride--be-faces-foreclosure-despite-paying-/
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