FIVE REASONS NOT TO AVOID SERVICE OF PROCESS!

(OP-ED) —

I just received an email from a homeowner which stated that he “refused” service of process.

I flew into a fit of rage.  It took me 10 minutes just to calm down before answering his actions.

By nature, we have a tendency to avoid conflict.  We don’t like confrontation.  A process server coming to your door, at any hour of the day or night, means that a confrontation is about to occur which is at best unsettling, causing conflict in your life.  In the case of a married couple, you can expect that once a process server delivers their spate of bad news, you can bet that there will be immediate strife in the household.  Tempers flare.  Blood pressure goes up. Insomnia due to worry sets in.  For all practical purposes, emotion rules.  Common sense goes right out the window.  So, naturally, our tendency is to avoid service.  I believe this is wrong (and so do many attorneys I’ve talked to).  So I’ve put together a list of 5 brief reasons why NOT to avoid (or in the alternative) refuse service of process.

REASON #1: You won’t know who your enemies are! 

You’ve heard the old saying, “Keep your friends close and your enemies closer.”  This saying came about for a reason, especially in the legal profession.

When you don’t understand WHO is coming after you, you won’t know how to establish an “End Game Strategy” to beat down the action being taken against you.

REASON #2: You won’t know why your enemies (whoever they may be) are coming after you! 

If homeowners (as Borrowers on a Note) haven’t been able to make their mortgage payments, chances are likely they’ll figure out why a process server is attempting service of process … because the bank (or servicer) wants their money and they are tired of waiting.  On occasion, a servicer will send out notices (in the form of door hangers) through their local contacts, tipping off homeowners that service of process for a lawsuit (or non-judicial foreclosure sale) is likely imminent.  If you have more than one property, you definitely won’t know which property is being affected because you’re “not in the loop”.

REASON #3: You won’t have a legal “foot in the door!” 

One of the first ways foreclosure defense attorneys can defeat a case is to make the other side do its job properly. On many an occasion, a servicer has hired a process server to serve process and it was done improperly for whatever reason (tacking a note up on the door, which later blew away; false attestation, etc.) and thus, attacking service of process is the first line of defense in making the entire foreclosure process have to be refiled again.  Homeowners (as Borrowers) do not understand this principle because they’d rather “play ostrich” and stick their heads in the sand.  Remember, avoid conflict at all costs, unless it proves to be fatal.  In many states, refusing service when confronted can also mean service was accepted.  Judges don’t like it when the party being served deliberately says “NO” to process, because it’s their right to know what they’re being accused of doing (or not doing).  Judges have also been told to clear their dockets of issues like this, which is a precursor to a default judgment being issued against you.  It’s one thing NOT to be home when the process server calls, it’s quite another to refuse service when it could be something financially critical to your future well-being (and that of your family).

REASON #4: You have no idea how to strategize a defense to the service, let alone anything else! 

Many foreclosure defense attorneys understand that attacking improper service of process only frustrates the foreclosure process and doesn’t stop it altogether.  However, understand that if the other side is going to bring a claim against you, don’t you think they need to follow the letter of the law?  After all, this likely involves dispossessing you of your property and if they don’t do something as simple as to properly serve you with the paperwork, how do you know if everything else they’ve done is right too?

REASON #5: Time is of the essence! 

No matter what the outcome of service, time is working against you the longer you wait to accept service.  I’ve known at least one person that has deliberately made himself scarce when he knows a process server is attempting to serve him with papers.  He thinks that by avoiding service, he’s going to be able to delay his day in court.  Unfortunately, after a time of trying to serve a party at their residence, the process server will contact the attorney handling the opposition’s case and make mention of the facts (that you’re either avoiding or refusing service) at hand and the attorney may then request from the judge to allow for substituted service (meaning someone else close to you can be served in your stead), which makes you an open target for service at your place of employment or through a relative who lives nearest to you.

Once service has been completed, you have a timetable in place.  In judicial states (mortgage states) you have 20 to 30 days to respond to the complaint. If you don’t, a default judgment can be entered against you and the foreclosure will be commenced against the property without your knowledge and probably at a time most inconvenient to you (or your loved ones).  The last thing I’d want to see is someone being kicked to the curb.  See below (from the film 99 Homes): 

The setting of a timetable forces you to have to act to stop whatever is coming after you.  For the average homeowner, this means spending money you don’t have hiring an attorney to draft and file and answer to the Complaint.  The average homeowner should also understand that many attorneys aren’t real well versed in foreclosure defense and are likely to admit to things that they don’t understand.  Even worse, should a pro se homeowner proceed without at least some assistance of counsel, they are likely to screw themselves out of their home permanently, while putting their spouse or family at equal risk.

This is one of the reasons why we set up the FORECLOSURE DEFENSE WORKSHOP! 

If you don’t know your rights, you don’t have any!

Here is an opportunity to learn from one of the best foreclosure defense attorneys in Florida!  (see below)


Here … you have an opportunity to learn to fight back!

Download the Workshop application here: FDW ORLANDO REGISTRATION FORM

Yes, DK Consultants LLC is sponsoring this event.  This is the only event in 2017 and the ONLY event custom tailored to pro se litigants!

This means, you’re going to get educational information that is vital to saving your home … not just some sort of “delay game” strategy used by most Florida foreclosure defense attorneys!

ENROLL NOW!  SEATING IS LIMITED!

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FORECLOSURE DEFENSE WORKSHOP … COMING TO ORLANDO, FLORIDA SEPTEMBER 30-OCTOBER 1!

 

Without basic information as to how to posture your case, the mistakes you make in responding (or not) could be fatal and cost you your home.

We estimate that 99.9% of all foreclosures in the State of Florida are illegal!  You read that right!

We are planning a future two-day event to cover rules of procedure (Day 1) and rules of evidence (Day 2).  We will start the classes at 9 a.m. EDT and end at 4:30 p.m. EDT.  All attendees will receive handouts covering each section. There will be foreclosure-related books for sale (a la carte) at the event.

Here’s some of what we’ll show you in the class:

  1. How to evaluate a foreclosure complaint!  INCOMING!
  2. How to write appropriate and timely answers!
  3. How to file proper motions!
  4. The timeliness of your response to the bank’s attacks!
  5. Whether to file a counterclaim and what to include!
  6. Using litigation to buy time to make other plans!
  7. Determining the weak points in the other side’s case!
  8. How to file discovery motions, motions to compel and motions for right to inspect!
  9. How to go after the bank’s jugular vein … the Note!
  10. How to challenge phony assignments!
  11. How to pick your battles … state or federal!
  12. Courtroom protocols and pitfalls!

YOU CAN DOWNLOAD THE EVENT REGISTRATION FORM HERE: FDW ORLANDO REGISTRATION FORM

This class is NOT open to bank attorneys or state bar association officials.  Foreclosure defense attorneys may attend but may not use the opportunity in class to solicit clients.  We will offer private tutorial sessions with attendees post-training at a reduced cost.

Again, please email us at cloudedtitles@gmail.com if you have questions.  Do not post on this site!  Reserve your seat now because seating is limited!

This is only Foreclosure Defense Workshop we are conducting in 2017.  This is an inexpensive way to learn how to make the other side “bleed green”!

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MERS and its “Parent” are trying to invade Oregon again, despite Supreme Court ruling!

BREAKING NEWS — 

For those of you in Oregon, you should be writing your legislators, especially the ones who are trying to pass the following Senate Bill (968), which would put MERS back into legislative existence again in Oregon, despite the Oregon Supreme Court’s rulings in Niday and Brandrup:

SB 968 (Oregon trying to legislate MERS into existence again)

This just goes to show you that MERSCORP Holdings, Inc., who, along with several major banks, settled a $9-million lawsuit brought by Multnomah County, is now trying to do an “end run” to get itself legally back in the game, this time using the Oregon State Legislature.

It’s time to start “ramping up” against those sponsoring the bill!

Anyone want to retain a private investigator to dig up dirt on (taken from the top of the bill):

Senator JOHNSON, Representative OLSON, Senator HANSELL; Senators BAERTSCHIGER JR, FERRIOLI, Representatives BARKER, CLEM, WITT?

If anything, legislators don’t like seeing smut printed about them on the Internet.  It’s bad for politics.

However, what they are attempting to do is BAD for Oregon homeowners.  The Oregon Supreme Court already made it clear they didn’t want MERS being a nominee or a beneficiary in the State of Oregon. What part of that don’t these legislators get?

It’s called bribery! 

I know.  Harsh wording … but MERS and its parent are paying someone somewhere, through lobbyists, whatever, to put this legislation into effect so it can continue to f**k Oregon homeowners as part of a renewed securitization effort.  I want to see them all in prison.

As to the OSCEOLA COUNTY FORENSIC EXAMINATION … we are not done yet.

This author is not going to stop ranting on MERS and its band of delusionary Board of Directors, who think that the legislature in every state should accord a private entity its own legislation to ply its flawed business model on Americans, most of whom don’t have  a clue as to what is going on.  I personally think these Oregon legislators are on the “take” and so should you!   Time to start making phone calls, if you get my drift, especially if you live in Oregon. These legislators need to be “exposed” for their wrongdoing.

This also goes to show you that with Fannie Mae lowering its borrowing standards, investors are about to get bufu’d again by the major banks.  One would think that with all of the investor lawsuits going on that it should be very clear that the securitization system implemented by and through the major banking cartels are out to destroy the “full faith and credit” of each of us, one home at a time!

SAY “NO!” TO MERS MORTGAGES! 

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FOR THOSE WHO MISSED THE FREE WEBINAR … LISTEN FREE NOW!

BREAKING NEWS — (for those who missed or had trouble getting on last night’s FREE webinar call) … from Dave Krieger:
We had a smashing webinar last night with Lou Brown and Al West and myself. I highly recommend that you listen to this webinar if you have any interest in defending against and defeating the Banks. We talked about “End Game” strategies. This should give you some insight into some newly developed solutions that are tried and true. We would love to see you at the end game strategies workshop in Biloxi, Mississippi on June 13 and 14th. Either way, listen to the webinar and let me know what you think.  You can email me directly at cloudedtitles@gmail.com!
To register call 1-800-578-8580. Seating is limited so be sure to reserve your seats today!

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Filed under BREAKING NEWS, INVESTOR END-GAME STRATEGIES, webinar, workshop

NEW STRATEGIES TO SAVE YOUR HOME! FREE WEBINAR IN ONE HOUR!

https://attendee.gotowebinar.com/register/4079256692542659585

BREAKING NEWS — Click on the above link to attend a free one-hour webinar with real estate millionaire Lou Brown, as he has special guests Clouded Titles author Dave Krieger and California quiet title attorney Al West on the program for an information-packed webinar. 

The webinar begins at 8:00 p.m. Eastern Time tonight (Wednesday the 5th)!   Talk about freedom …

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