The press is starting to pick up on what will be an unavoidable and unresolvable conflict in foreclosure cases….fraud in service of process.
Forget about Jeffrey Stephan and the other “technical” problems with foreclosure files, because when you don’t have good service of process, you don’t have jurisdiction and if you don’t have jurisdiction any judgment is VOID.
This is a massive issue and we’re going to start picking apart the process servers just like we’ve been taking down all the other conning/fraudulent elements that have infected the entire foreclosure process.
Examine all your summonses carefully and let’s all start comparing the alleged “signatures” on summonses…oh and the affidavits of diligent search and inquiries….wonder just how diligent they really were? Were the summons actually served by the licensed process server or were others doing service? (That’s void service.)
How many attempts were actually made by process servers? Who exactly are the “neighbors” that the process servers always seem to talk with but never identify? Exactly how many mobile homes do they try and serve at? How much is over billed for service of process charges (but no one is looking right, and I mean it’s only foreclosure right)?
Are the summons actually real, authentic and issued by the court?
Read the first in what will be many more stories here.
This is an issue that will not go away and cannot just be swept under the rug. There is no statute of limitations on fraud in service of process. (Hello title insurers, just how confident are you in the process servers and your law firms?)
