Saturday, November 14, 2009

ProVest Opens California Office

Carrie Bay - DS News.com - October 28, 2009

ProVest, a national process server management company, has opened an office in California to support the state’s needs with evictions, litigation, and home retention efforts.

According to ProVest, the new office provides local attorneys, trustees, and mortgage servicers with resources necessary to personally notify California homeowners of pending events and opportunities related to foreclosure and foreclosure prevention.

Read the rest of the story:
ProVest Opens California Office

-----------------------------------------

Stipulated judgments: the 'secret' savior

By Erica Sandberg - creditcards.com
Being sued for debt? This is one option you should know about

Many distressed borrowers react by avoiding problems. Robert Hild, CEO of AXZAS, a nationwide process server management company, reports that an astonishing 95 percent of those served never file a response to the summons and complaint or appear in court. "They know they owe the debt, so they throw their hands up in the air," says Hild. "They want to ignore it. But in many cases, the account has already been charged off, and the creditor may be willing to bend."

Read the rest of the story:
Stipulated judgments: the 'secret' savior

------------------------------------------

HALL v. NORTON - Service by publication invalid

Legal.com

Court of Appeals of Washington State

Service by publication requires reasonably diligent efforts to locate the defendant by exhausting all information readily available. Randy Hall's mail to Tracey Norton and Darren Kossen at their last known address was returned stamped with "no forwarding address." Hall's attorney "conducted research on the internet." A prior attempt to serve Norton and Kossen at the last known address was unsuccessful when a woman in the house refused to come to the door. No other details were offered in support of service by publication. Hall knew the name of Kossen's employer and Kossen's prior address, but did not describe any efforts to pursue those leads. Hall's reliance upon "research on the internet" is vague and general. Because Hall did not support the service by publication with a showing of reasonable diligence, the default judgment taken based upon that service is void. We reverse.

Read the whole brief here:
HALL v. NORTON - Service by publication invalid

Kenya Process Server Not Registered

Kenya Broadcasting Company - Walter Dzuya/Simon Achola - November 12, 2009

Foreign Affairs Minister Moses Wetangula Thursday challenged the validity of service of petition papers by an unregistered process server.

The case filed by 2007 election loser John Walukhe was adjourned early this month after the court of appeal was informed of fresh evidence.

Moses Wetangula lawyer told appellate judges Erastus Githinji, Alnashir Visram and Joseph Nyamu that Thomas Ndiku the man who attempted to serve him with petition papers was not registered as required by law.

The defense lawyer notified the judges that High Court Judge Roselyn Wendo had in September 2008 ruled that the man was not a registered Process server.

The matter was adjourned to allow the lawyer of Walukhe to file his replying affidavit.

Read the rest of the story:
Process Server Kenya


---------------------------------------------

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

-----------------------------------