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Foreclosure Defense Florida

FORECLOSURE CASE LAW UPDATE- QUASHING SEVICE OF PROCESS!

Appellant, Alan Roth, appeals the trial court’s order denying Mr.
Roth’s motion to quash service. Appellee, CitiMortgage, Inc., filed a
foreclosure complaint against Alan Roth, Candace Roth, and others on
October 9, 2012. Alan Roth was served by substitute service on his wife,
Candace. Mr. Roth filed a motion to quash service of process on
February 19, 2013, attaching two affidavits, his own and his wife’s. Both
affidavits state that Mr. Roth vacated the marital home (where he was
served by substitute service) on or about March 1, 2012. Appellee
concedes that the denial of Mr. Roth’s motion to quash service was error.
Accordingly, appellee requests this Court to accept this confession of
error and remand with directions to the trial court for it to: (1) vacate its
order denying Mr. Roth’s motion to quash service of process; (2) enter an
order granting Mr. Roth’s motion to quash service of process; and (3)
conduct further proceedings. We accept the appellee’s confession of
error. We reverse and remand this cause to the trial court for further
proceedings consistent herewith.

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