Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Every now and then a query pops up relating to defective service.  It is axiomatic that a court lacks personal jurisdiction over a defendant absent valid service of summons, citation or other official process.  But it is also true that the requisites of valid service are usually relatively easy for a plaintiff to prove.

 

Nevertheless, from time to time plaintiffs engage in so-called sewer service where a process server alleges that service has been completed when this is not actually true.

 

There was a new decision out of Florida's Second District Court of Appeals last week, wherein the appellate court reversed a foreclosure due to defective service.  I thought this to be an interesting decision, because the defendant seems to have made out its case as to defective service in a rather compelling way.  This contrasts with the many instances where a defendant fails miserably to show that service wasn't properly completed in the face of an affidavit of service alleging that service was completed.

 

The case is:

 

Baker v. Stearns Bank, N.A., Case No. 2D11-2986 (Fla. App. 2nd Dist. 2012)

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2012/March/March%2023,%202012/2D11-2986.pdf

 

Discussion and comments are solicited, encouraged and appreciated! 

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kayko

This may be off topic but it has to do with being served.  I was speaking with someone recently who told me he got a job as a process server. I'll call him Jay.  Now in my state you only have to be registered with the county.  Jay (not registered) told me that is he serving people and using his boss's name as the person serving the papers. His boss is registered and Jay is not.  His boss is part owner of a collection agency.  Jay gets the papers, serves them, and then reports back to the boss who he has served.  (This collection agency served me a couple of years ago--my disclaimer)  I told Jay that I did not think this was legal and everyone he served may have been served by him illegally.  Oh, and Jay told me he is being paid under the table.  I want to report this because I now wonder if I was served legally a couple of years ago and more importantly if this is illegal it should be stopped.  Can someone tell me exactly who you report this to?     

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Luke

Quote:
This may be off topic but it has to do with being served. I was speaking with someone recently who told me he got a job as a process server. I'll call him Jay. Now in my state you only have to be registered with the county. Jay (not registered) told me that is he serving people and using his boss's name as the person serving the papers. His boss is registered and Jay is not. His boss is part owner of a collection agency. Jay gets the papers, serves them, and then reports back to the boss who he has served. (This collection agency served me a couple of years ago--my disclaimer) I told Jay that I did not think this was legal and everyone he served may have been served by him illegally. Oh, and Jay told me he is being paid under the table. I want to report this because I now wonder if I was served legally a couple of years ago and more importantly if this is illegal it should be stopped. Can someone tell me exactly who you report this to? 

 

It is difficult to assess what laws might be being broken or to whom the matter should be reported without knowing the jurisdiction involved.

 

In some places, acting as a process server without an appropriate license or authorization might be a violation of the law per se subjecting the perpetrator to criminal responsibility.  In other places, acting without authorization might merely make the service invalid.  Almost everywhere, process servers prepare a return of service in the form of a sworn affidavit reciting the facts of the completed service.  Almost everywhere, the filing of a perjured affidavit which falsely recites facts known by the affiant to be untrue would subject the affiant to criminal prosecution.

 

The use of such falsely sworn returns of service is what many describe as "sewer service".

 

In many large urban areas, the attorneys owning debt collection mills and/or sewer service businesses make large political contributions and/or payoffs to corrupt Democratic politicians, including DAs and judges, to assure that they can operate these criminal enterprises without any disturbance or interference in respect of this sort of criminal behavior.  While I would encourage you to report this criminality, if you live in one of these places dominated by corrupt Democratic politicians, it may be safer to report the matter to journalists than to those who cover up for and protect the criminals.  

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George Burns
What a bunch of crap!

Are you saying that the only areas with corrupt politicians are those controlled by Democrats?

How assinine.
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GW

To Kayko; Can you say what state you are referring to, as there are different requirements.  Besides, that; It might be easy for you to go to the clerk of court, pull up a list of cases for the specific Plaintiff (collection agency) and reveiw the returns in the file to see who signed the Affidavits.  I think it would be pretty hard to disprove the server unless the defendant in the action, were to complain or was aware of this.  A good description of A and B involved would enlighten many defendants and overturn alot of judgments. 

GW
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Luke

Quote:
What a bunch of crap!

Are you saying that the only areas with corrupt politicians are those controlled by Democrats?

How assinine.
 

There are unquestionably some corrupt politicians of various political stripes, liberal and conservative, Democratic and Republican, everywhere.

 

It is a fact that in large urban areas, essentially ALL of the politicians are both Democratic and corrupt.  This is a consequence of both machine politics and single party dominance.  Anyone who denies this is either ignorant, a liar or simply in denial.

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J

Quote George Burns: "[Luke].......Are you saying that the only areas with corrupt politicians are those controlled by Democrats?"

George Burns, I am 100% positive that "Luke" meant 'Republicans' not" "Democratics" 

 

and if he actually did mean 'Democrats', well then Luke's statement is not only 'Assinine' but Luke is an Ass!


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bwssr
Let's just go with corrupt politicians period and take the blinders off. Both sides have campaigned on making things better. So far not to good on the delivery of that promise.
They get a bailout and we get the boot.
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J

Totally totally agree "Let's just go with corrupt politicians period and take the blinders off."

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kayko
@ GW, I am, from WA  state.  The collection agency involved is well known in the area.  One of the owners at times writes articles in a local business paper about how upstanding they are.  I know that not to be true personally.  In their first call to us they violated the FDCPA (verified by my BK atty) and there were a few more calls where I would answer and you could hear laughing in the background.  I would hang up and they would immediately call back again.  Within 10 days of that first call, their hired atty sued us, which I know that they had every right to do.  I was filing BK at the time so my BK atty answered the Summons and Complaint.  BK atty rolled his eyes and said "Good God, this guy is an idiot."

But my point in the original post was to find out who to report what Jay is doing and if it would do any good to report this activity.  As I said before, I wonder now if I was served legally--debt was discharged in BK .  I feel for these poor people who think that Jay was a legit process server.   To ignore this I feel is wrong.  I do plan on going the courthouse to see if my file is still there and check on who served me.  And then I plan on talking to whoever will listen to me.   
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GW
Revised Code of Washington (RCW)
18.180.010 "Registration"
(1) A person who serves legal process for a fee in the State of Washington shall register as a process server with the auditor of the county ....etc...

18.180.030  "Identification on proof of service"
(2) Employees of a [registered process server] shall indicate the employer's registration number..... et al.,

Maybe you can find this on line to read it in it's entirety!

Seem's that Jay is an employee of...but how can Jay be an employee if he's getting paid under the table.. Look's like a conflict here.
GW
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