Good Service of Process

In reality, foreclosure starts when the complaint is filed against the homeowner. Then service of process happens, informing Joe Homeowner that a lawsuit is filed against him and with a summons to reply.

If you know a process server is coming after you, do not hide. Process servers will find a way to find you, which may not be convenient to your schedule or dignity. Foreclosures rarely happen at opportune times, but you can control having papers served to you at your home as opposed to while you are out shopping.

Service of process does start the clock, but it is okay for the clock to start. The court needs to get jurisdiction over the dispute and the human. That human is the homeowner. Our justice system is big on notice and opportunity to be heard. Service of process gives the homeowner notice and an invitation to answer.

For the standard complaint or lawsuit, the defendant has twenty calendar days to answer the summons. That is more time than you need to panic, but a reasonable period in which to get legal advice.

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New Questions Being Raised About Court Filings in Foreclosure Cases

The expanding investigation into Florida's foreclosure crisis has turned up a new problem that may involve a number of cases: Individuals hired by law firms to notify struggling homeowners when their foreclosure cases are to be heard in court may have filed faulty or false documents.

Foreclosure defense attorneys and consumer advocates say they have documented a number of foreclosure cases where "process servers" filed questionable paperwork. State investigators who are examining foreclosure documentation problems -- involving law firms that employed "robosigners" to rapidly process claims -- are also taking a close look at process servers, court documents show.

According to lawsuits filed on behalf of homeowners, some individuals appear to have violated the rules of process serving: the personal delivery of legal papers, required by law, notifying people that a foreclosure action has been filed against them. Like "robo-signing" -- the mass signing of foreclosure documents without review by loan servicers -- it's an alleged practice that is putting lenders, and the foreclosure law firms serving them, under fire.

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