The service rules in foreclosure matters are considerably different than any other type of legal matter, so if you want to make sure service is properly effectuated in accordance with the rules you need a process server who specializes in foreclosure matters.
Improper service can result in contested service, a traverse hearing and even possible dismissal of your case.
Here are 4 reasons why it’s imperative to your case and maintaining your relationship with your client to hire a process server foreclosure specialist:
1. Changing Rules
Everyone involved in foreclosure matters knows the rules are constantly changing. From who can be served, how fictitious spouses should be handled, what judges are looking for in terms of adequate due diligence prior to publication – knowledge of each and every one of these areas is a necessity to ensure timelines that are satisfactory to your clients.
Not knowing about a rule change or failing to appropriately handle a service can mean a certificate of regularity failing to be issued or needing to restart the case from the service point
2. Compliance
Compliance has been the buzzword in the foreclosure industry in recent years. Not only are attorneys required to be compliant by service providers, but so are the vendors they utilize.
A process server who is experienced in the foreclosure arena will have the right infrastructure and data security in place. In the event of an audit, this means you’ll be able to continue to use your preferred vendor rather than scrambling to find someone new when they don’t meet the strict compliance requirements.
3. Scrutiny of Foreclosure Matters/Traverse Hearings
The foreclosure process is scrutinized by consumer advocacy and debtors rights protection groups because of the magnitude of its impact. The courts, who work hard to pay attention to the details in every type of case, are especially thorough in their evaluation of appropriate steps, due diligence and conduct in foreclosure matters.
If the defense challenges service and the result is a traverse hearing, a judge is going to expect the process server’s testimony to adequately back up their affidavit of service. Having a knowledgeable, trained employee of a process service company versus an independent contractor a process service company hired can determine whether a service is rejected.
It’s important to make it clear to the judge the server has knowledge of the service rules and followed them when effectuating service.
4. Ethics
Foreclosure is one of the most personal and unfortunate events that could happen to a person. It’s important to work with a process server foreclosure specialist who understands the delicate nature of these types of services.
There are often lots of emotions associated with a foreclosure, and being served foreclosure documents understandably makes some people upset. Having a process server who is a professional and understands the subject’s anger isn’t personal allows them to step back and defuse the situation rather than respond in a way that escalates. If the situation can’t be defused, they know to remove themselves as fast as possible .
Choose wisely
Choosing a process server who doesn’t have specific foreclosure knowledge and expertise can have results that impact case timelines significantly.
Be sure to choose a process server who specializes in foreclosure matters whose work product will support your case timelines and compliance requirements. The right process server will make sure all the proper steps were taken to complete service in a way that will stand up in court even when challenged.
