Sewer Service | NY Judge: Sloppy Service has Legal Consequences
Generally, process service is well-documented, particularly in foreclosure cases, according to Lawrence Yellon, president of the National Association of Professional Process Servers, who is based out of Nassau County.
Yellon called Cardi’s case “very unusual,” given the stringent regulations governing process service within New York City and state.
“The people who specialize in foreclosure service really know their business,” Yellon said. “If you can serve foreclosure in New York state, you can serve anything.”
NY judge: Sloppy service has legal consequences
NEW YORK, Jan 12 (Reuters) – A process server working for a once-prolific foreclosure law firm in upstate New York broke the law by failing to keep any record of papers served in a 2008 foreclosure case, a Long Island judge has ruled, giving defense attorneys a new angle to explore in foreclosure cases as they seek to buy time for their financially beleaguered clients to modify or refinance their mortgages.
Gary Cardi, a former police officer contracted by A&J Process Service — which has offices on the same floor in the same building as the foreclosure firm Steven J. Baum PC — admitted in Nassau County court last October that he didn’t have any record of serving foreclosure papers on Soledad Murillo in 2008. In fact, he told state Supreme Court Justice F. Dana Winslow during an October hearing, he hasn’t kept records of any of the “thousands” of cases he served over the last six years.
An attorney for the Baum firm, Victor Spinelli, representing foreclosing bank U.S. Bank NA, told Winslow that he thought the failure to keep tabs on service wasn’t a reason to overturn a foreclosure judgment against Murillo under New York law.
But Winslow disagreed.
Funny how Lawrence Yellon who said “this is usual” in the above article had previously been arrested for irregularities in his own servicing company…
Now he is the president of the National Association of Professional Process Servers, which is based out of Nassau County?
See about his previous arrest in this article:
What Happens If Process Server Doesn’t Serve?
FOR two decades, thousands of documents passed through an obscure but flourishing process-serving company here, a couple of blocks from the courthouses in Nassau County’s legal and government hub.
Some of the irregularities prompted the arrest last year of the company’s owner, Norman L. Yellon, also known as Larry. Nassau County’s District Attorney charged him with illegally acting as a notary public and offering false statements for filing. He pleaded not guilty and has obtained nine trial adjournments.
This is why it’s always a good idea to check your sources…