Foreclosure Defense Florida

Defendants are Not Getting Notice / Due Process in Foreclosure Cases

Due-processOur 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…..


One Comment

  • AceOfHeart2012 says:

    This article does bring up proper service, due process and it does cite The Constitution.

    Sure, The Constitution doesn’t apply to us, but it certainly must apply to THEM. (One would think.)

    I’ve maintained all along with everyone I’ve told my story to that nothing was ever physically served upon me by anyone at any time.

    I have the ‘Proof Of Service’ document from New Moon Investigations that one Robert W. Johnson claims to have had contact with me on August 17th, 2006 at 7:00 PM. If that were so I certainly would have gotten a business card from him. I have business cards from everyone else in this case.

    Not only that, if I had been served by New Moon (as Johnson’s ‘CERTIFICATE OF SERVICE claims) then why would Deputy Tom Scherwin of the La Crosse County Sheriff’s Department need to ‘drop by’ and leave notes on the back of his business cards taped to my front door? One that reads: “RANDY – PLEASE GIVE ME A CALL REGARDING SOME LEGAL PAPERS! TOM S.” The second note reads: “RANDY – CAN I TROUBLE YOU TO GIVE ME A CALL AT YOUR CONVENIENCE — JUST HAVE A FINANCIAL FORM TO DROP OFF… THANKS MUCH, TOM S.”

    Yeah, right. I knew that Scherwin had the summons because I was never served by Johnson.

    So unless there was public notice of the foreclosure lawsuit itself (which there isn’t otherwise why is Scherwin dropping by?) I was never properly personally served anything by anyone at any time.

    This Robert W. Johnson of NMI defrauded the court out of $35. He claims 3 attempts. Oh yeah? So magically on the third attempt he gets me served? He failed.

    That’s why Deputy Scherwin took the hand off and was coming by and why I made it a point to deny him service as well. There is now law that says you have to accept paper from anyone. I knew Scherwin had foreclosure docs as per a letter from Cravens because I never even saw this Johnson bloke.

    So Scherwin also failed to serve me. The summons and complaint were never publicly noticed otherwise why would I have the CERTIFICATE OF SERVICE from New Moon?

    They have to personally serve a summons. Sure the foreclosure sale was publicized, that I have proof of, but the sale is a different animal. After the fact.

    One other point. On the ‘CERTIFICATE OF MARITAL STATUS (Proof Of Service Affidavit) Johnson affirms: “I personally asked said Defendant whether he was married…”. He has marked “X said Defendant is not married”. NO ONE ever asked me if I was married. Ever.

    I would have more likely told him that I was widowed. Nothing mentioned about the Defendant being widowed. Only “not married”.

    If Johnson had in fact served “said Defendant” at 907 5th Avenue South on August 17, 2006 @ 7:00 PM, had one of my kids been home at that time and they would have answered the door they would have come and gotten me if I was in my basement studio at home at that time.

    It never happened. I was never served. That’s why I kept avoiding Scherwin. Because I knew he was attempting to serve me.

    Judgment void.

    I’m seeking competent co-counsel who can void the judgment, reconvey title and sue for damages. I’m thinking $10,000,000 sounds like a good place to start as I was also falsely arrested and incarcerated and my home taken at gunpoint. I am willing to agree to a 50/50 split with the right party.

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