Reversal of our favorite neighborhood foreclosure judge…
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
July Term 2011
CATHERINE PAIGE PARKER, et. al.,
LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE
REGISTERED HOLDERS OF THE STRUCTURED ASSET SECURITIES
CORPORATION, STRUCTURED ASSET INVESTMENT LOAN TRUST,
MORTGAGE PASS-THROUGH CERTIFICATES M SERIES 2003-BC8,
[August 10, 2011]
Appellee LaSalle Bank (“LaSalle”) filed a complaint to foreclose on a note and mortgage o n February 12, 2009. LaSalle unsuccessfully attempted to personally serve Parker. LaSalle then filed an affidavit of constructive service with an affidavit of diligent search and inquiry from Scott Harris, process server, showing that personal service could not be made despite a diligent search and inquiry to determine the whereabouts of Parker. LaSalle constructively served Parker by publishing notice of action in the newspaper two weeks in a row, on May 27, 2009, and June 3, 2009.
A default and final judgment of foreclosure was entered in LaSalle’s favor, and a public sale was scheduled for December 1, 2009. On December 22, 2009, Parker filed an emergency motion to quash service of process. After a n evidentiary hearing, the trial court denied the emergency motion to quash, stating that service was proper. We determine that LaSalle did not conduct a sufficient diligent search and inquiry to support constructive service of process and reverse the trial court’s decision.
Full opinion below…