Some foreclosure questions

7 Replies

1.What typically happens when the process server fails to serve a summons after so many tries?

2. What is a sub serve summons? Does it count as served?

3. How often do you “put eyes” on your assets in FC esp. when its abandoned?

@Wesley I.

1. If they are not served I look to do alternative service which typically includes posting it in local newspapers

2. Not sure

3. If it’s vacant (assuming you were the lender) confirm in the mortgage but you should have a right to protect your asset. On my vacant properties I am foreclosing on I have a preservation company secure it and inspect it.

@Wesley I.

After x amount of tries to do normal service, you can petition the court to do service by publication as Chris mentioned. It's kind of like the same process used for other legal notices where you have to publish in specific papers for a certain amount of weeks.

It's best to get it done through a private process server with a good reputation for getting people served. They charge more than the sheriff's but they generally have a better chance of getting the job done because they have a better incentive.

Sub service means serving the defendant indirectly. For example, we recently had an occupant agree to accept a "gift" for the defendant at the defendant's residence. Instead of handing the person the gift basket, the process server switched it up and gave the court documents. Sub service added about three days to the answer period.

We have a property preservation company inspect vacant properties once every month or two. Occupied properties, every quarter or two depending if we have contact with the occupant in some way.

In Texas, I ask the process server to file an affidavit and request permission for alternative service.  Preferred is a skiptrace for good mailing address and certified mail by process server.  If just completely unknown, notice by publication in the official newspaper but judges don't like it.

You can't win a court case by avoiding the process server.  That just guaranties you will loose (default judgment).

Laws vary GREATLY by state. I'm only licensed in TX and don't know where you are, so seek competent legal advice from an attorney licensed in your jurisdiction.

Originally posted by @Wesley I. :

We were able to serve 13/14 defendants. I heard the last one is out of the country, and we will need an international process server.

 Geneva Convention covers serving process in foreign countries.  

Most of the time, I will just send FedEx (or the equivalent) to the defendant and hope they answer without the cost of a process server.