Problems with foreclosure notices loom as next flaw in process
By Kimberly Miller
Palm Beach Post Staff Writer
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.
Once entrusted only to sheriff’s deputies, summonses may now legally be handled by “special process servers” certified by the court. With the crush of foreclosures statewide, process service has become big business.
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For more on “Sewer Service” see:
Another Insider Comes Forward – Other Monsters in the Sea – Sewer Service
Posted by Foreclosure Fraud on May 25, 2010 ·
Again From the Hamlet… “Another area that should be investigated in the foreclosure mill process is the “process serving” Mills such as ProVest LLC. I worked at ProVest for 7 months a few years ago, as jobs are scarce. There were some issues there of some of the servers just “drop serving” the summons, (just … Read more
Another Insider Comes Forward From Provest – Other Monsters in the Sea – Sewer Service
Posted by Foreclosure Fraud on July 20, 2010 ·
Here is an interesting comment that appears to be from an employee over at ProVest LLC in relation to this post… Another Insider Comes Forward – Other Monsters in the Sea – Sewer Service Posted by Foreclosure Fraud on May 25, 2010 · 2 Comments (Edit) Again From the Hamlet… “Another area that should be investigated … Read more
Void Foreclosure Judgments Everywhere…They’re Subject to Collateral Attack Forever
Posted by Foreclosure Fraud on August 2, 2010 ·
From Weidners Blog… A void judgment is a nullity, a brutum fulmen… and is subject to collateral attack and may be stricken at any time. The passage of time cannot make valid that which has always been void. Ramagli Realty v. Craver, 121 So. 2d. 648 Commit that quote to memory and repeat it often, … Read more
Update – And Once Again, Another Insider Comes Forward From Provest – Other Monsters in the Sea – Sewer Service
Posted by Foreclosure Fraud on August 13, 2010 ·
Just continuing on with the comments… The latest in response to this post… Another Insider Comes Forward From Provest – Other Monsters in the Sea – Sewer Service Comment: Hello everyone I was recently let go from Provest and the illegal actions that I saw within the company are unbelievable. If the attorney general were to … Read more
Sewer Service + False Non-Military Affidavit = Soldier’s Home Foreclosed and Sold While Serving Abroad
Posted by Foreclosure Fraud on September 8, 2010 ·
FLAGSTAR BANK F S B vs. GARCIA, TANIA et al. (Actually it was Fannie Mae v Garcia) SARAH MARIE BARBACCIA of Ben-Ezra and Katz is the attorney of record for the plaintiff. I am having someone pull this file for me because it has some interesting entries on the docket that need to reviewed in … Read more
Super Sewer Service – I Feel Bad For ALL the People Who Lost Their Homes and Were (obviously) NOT Served
Posted by Foreclosure Fraud on October 3, 2010 ·
“No Person ought to be taken imprisoned or disseised of his freehold, or be exiled or deprived of his Privileges, Franchises, Life, Liberty or Property but by due process of Law.” ~ Proper service of process initially establishes personal jurisdiction of the court over the person served. If the defendant ignores further pleadings or fails … Read more
Naked Capitalism – Homes in Florida Seized Without Notice of Foreclosure: Suspicously Large Number of “The Dog Ate My Summons” Filings
Posted by Foreclosure Fraud on October 3, 2010 ·
Homes in Florida Seized Without Notice of Foreclosure: Suspicously Large Number of “The Dog Ate My Summons” Filings More revelations from one of the epicenters of the housing implosion. 4ClosureFraud has published an eyepoppingly long list of affidavits of lost summons in foreclosure cases. This is a teeny extract from their sample, so readers can … Read more
Foreclosuregate Sewer Service – No Service No Problem? – Forgeries Fabrications and LIES
Posted by Foreclosure Fraud on October 23, 2010 ·
First let’s start out with some excerpts from the Florida Times Union that just happened to come out this morning while I was putting this post together… Fraud in foreclosure summons a disturbing trend in Duval County Summonses are being misplaced or forged by servers; critics say sloppiness and fraud leading to sudden spike. By … Read more
FL 3rd DCA – Sewer Service REVERSED RE Opella v Bayview
Posted by Foreclosure Fraud on November 26, 2010 ·
“We also direct the clerk to forward a copy of this opinion to the Florida Bar for consideration of conduct in violation of the Rules Regulating the Florida Bar.” ~ Third District Court of Appeal State of Florida, July Term, A.D. 2010 Opinion filed November 24, 2010. Not final until disposition of timely filed motion … Read more
FL 3rd DCA Pro-Vest Sewer Service REVERSED
Posted by Foreclosure Fraud on December 2, 2010 ·
Third District Court of Appeal State of Florida, July Term, A.D. 2010 Opinion filed December 1, 2010. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-2653 Lower Tribunal No. 08-71936 ________________ Debbie Bennett, Appellant, vs. Christiana Bank & Trust Company, etc., Appellee. A Pro-Vest employee, filed a verified return of service … Read more
Sewer Service? Florida Attorney General Opens Investigation into Provest LLC
Posted by Foreclosure Fraud on December 11, 2010 ·
The case file cited below relates to a civil — not a criminal — investigation. The existence of an investigation does not constitute proof of any violation of law. Case Number: L10-3-1197 Subject of investigation: Provest LLC Subject’s address: 4520 Seedling Circle Tampa, Florida 33614 Subject’s business: Process Serving Company Allegation or issue being investigated: … Read more
More Sewer Service? Florida Attorney General Opens Investigation into Gissen & Zawyer Process Service, Inc.
Posted by Foreclosure Fraud on December 11, 2010 ·
The case file cited below relates to a civil — not a criminal — investigation. The existence of an investigation does not constitute proof of any violation of law. Case Number: L10-3-1228 Subject of investigation: Gissen & Zawyer Process Service, Inc. Subject’s address: 1550 Biscayne Blvd. Suite 200 Miami, Florida 33132 Subject’s business: Service of … Read more
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The entire system both Government and Judicial is completely broken down and corrupt at its very core. The entire country needs to be left to go bankrupt and be completely restructured. The people need a clean slate and a fresh start and should not be made debtor slaves to all of the UNSECURED DEBT that these people CREATED to make us all peasant slaves to them forever. The people need to take their country back from the criminal element that is running it. Our country is now a lawless, dictatorship Oligarchy, Plutocracy, and a Kleptocracy soon to have the word facist attached to it. These people make up their own rules that only apply to them as they go along to suit their own fraudulent needs. We The People can’t allow this,We don’t own this country anymore and we need to stop these people before it is too late. They fooled us once but we can’t let them fool us again or our democracy will be completely destroyed and a facist dictatorship regime will soon follow. A good start would be not to pay any of your unsecured debt, assume no new debt burden (live within our means) fight those fraudclosures (that is also unsecured debt), protest those hyper-inflated property taxes and anything else we think is unjust, start your own busineses,even if you do this part time if you have a regular job (we need to become entrepaneurs again and produce things in our own country except for debt) and DON’T VOTE for any of the SOB’S next time around. National Sovereignty will prevail.We must be indivisible in order for this to have and impact.