Our entire justice system is based on the quaint notion that lawyers and their employees, like process servers, are telling the truth. Here’s a big secret…….THEY’RE NOT ALL TELLING THE TRUTH.
The depositions from David Sterns’ employees describe disturbing, systemic failures and abuses of the system and reports rolling in from all over the state of flawed Service of Process and no notice of hearings and proceedings are very disturbing. Process servers are not delivering proper service on Defendants and some of the foreclosure mills in some cases are not sending notices of hearings and other pleadings to defendants. Any defense practitioner can cite any number of cases where they are not receiving hearing notices and pleadings….and if it’s happening when a Defendant is represented by counsel, what do you think is happening to unrepresented people? Let me sketch this out on a chart….
No Service of Process = No Due Process
No Service of Process = The Homeowner Still Owns The Home
Homeowner Ownership Claims = Massive Title Insurance Claims
Massive Title Insurance = Insolvency of the Title Insurance Market
Just wait until the smaller local press picks up on these issues and starts advising the minority members of the community about their Constitutional Right to Due Process. (The minority communities are going to be hardest hit by abuses by the process servers and the trash out companies.) It’s going to be hard to explain how Rosita Diaz got served on January 1, 2009 in Miami Dade when she just happened to be in Puerto Rico at the time. Process in some cases is just thrown on doorsteps or tossed at strangers….but we know that in too many cases, the process servers have abused the process. Forget about Robo Signers, Sewer Servers are where the real title claims are going to come from and you cannot just ignore those issues.
Attached below is an example of claims of no service based on a local attorney who I know well. I am certain that this attorney has absolute confidence and belief in his client’s claims and we are going to see many more such claims going forward. Remember, there are no statues of limitations on No Service of Process claims and that any Final Judgments or Titles to property based on fraudulent service of process is void. I expect that we’re going to hear wild stories and see quite a bit of documentation that will show just how out of control and flawed the process servers have become in the middle of this foreclosure chaos…..
