Tag Archives: foreclosure defense attorney

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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TWO-DAY “END GAME” STRATEGY WORKSHOP COMING TO BILOXI!!!!

BREAKING NEWS — UPDATE:

Clouded Titles author Dave Krieger and Quiet Title Attorney Al West will be lecturing at a 2-day workshop in Biloxi, Mississippi in July … the only workshop being held in 2017 … called END-GAME STRATEGIES!

This workshop is keyed towards investors (as it is being hosted by Lou Brown’s “StreetSmart” program); however, the readers of this blog have been extended an invitation to attend, whether you are a distressed homeowner, an attorney who wants some new ammunition in foreclosure defense and quiet title actions or simply interested in learning new strategies to hang the banks out to dry at their own game!  This is the consumer litigation workshop you do NOT want to miss!

The two-day workshop is being held at the Treasure Bay Casino & Hotel (1980 Beach Blvd, Biloxi, MS, 39531; (228) 385-6000) on Thursday and Friday, July 13th and 14th, 2017 and features Clouded Titles author Dave Krieger and Quiet Title attorney Al West (who has beaten REMICs in court)!  Mention you’re with the StreetSmart group for the group rate! 

Here’s what you’ll get when you attend this event as a guest of Lou Brown’s StreetSmart program:

Every attendee to the workshop will be provided with a copy of the 512-page  The Quiet Title War Manual, which contains some of the strategies talked about in the workshop, PLUS, an Investor End Game Strategy Workbook, containing about 400 pages of dynamite “end game strategy” material including 16 end game-specific working documents, never before offered in any previous workshops taught by DK Consultants LLC!  Come get your head cleared in the fun and the sun and excitement and get ready for two days of jam-packed educational instruction, accompanied by an “End Game Strategies Training Disc”, enclosed with every workbook provided!

Here’s more of what you’ll learn in this two-day educational workshop … 

  • How to unhinge the foreclosing bank’s first lien position!
  • How to properly use an LLC to monetize your rental property!
  • How to cancel and expunge recorded documents that are interfering in your property’s chain of title!
  • How to effectively utilize quiet title actions, even when facing foreclosure!
  • How to fight the bank, post-sale, after the servicer has stolen your property!
  • How to make bankruptcy your friend and ally rather than have it ruin your life for the next 10 years!
  • How to effectively clean up your credit, post-anything  … and so much more!

You will also learn HOW the mortgage loan servicers are screwing over American families and HOW they pocket ALL the money after they’ve stolen your home and sold it!   

The closest airport is Gulfport, MS (GPT) and airfares are very reasonable to get to this vacation destination!  You will have to take a taxi cab to the hotel (11 miles away) from the airport, as Uber is banned from pickup at the airport.

Again, the Clouded Titles Blog readers are invited to attend as a courtesy of Lou Brown’s investor group.  All you need to do is reserve your room and airfare and get to Biloxi and be ready to roll on July 13th and 14th!   In order to attend, please email your interest in attending (to get more information) by CLICKING HERE!   You will be paying Lou Brown’s group to attend this workshop!  When you email us for more information, we will provide you with a syllabus and the contact information to reserve your seat in this spectacular event!   This is the ONLY event we will be doing in 2017!   You have roughly 45 days to figure out HOW you’re going to get here! 

As a side note, I have been asked whether this program will be offered for sale AFTER the workshop.  The Answer is YES!

Lou Brown has a full camera crew at the workshop.  He video tapes everything and will generally release a 10-DVD video set.  This is what he did for the Chain of Title Assessment Workshop in Atlanta that I taught last year.  For those who cannot attend, you can also participate in streaming video through a feed directly from the workshop.  The END GAME STRATEGIES Workshop will be available on DVD about 30-45 days AFTER the program appears in July (13th and 14th) of 2017.  However, the advantages in attending far outweigh the disadvantages of NOT because you get to ask questions and strategize live, rather than just watching 10 DVD’s and reading through roughly a 400-page workbook. As I  stated previously, this is the only workshop that Al West and I are teaching this year.  This is the time to act, especially if you are either a serious investor or have issues with your chain of title or foreclosure issues looming.  The price of the DVD set is the same as attending the live event. Because it is offered through Lou Brown’s investor group, there will be no discounts, which is why I am recommending you attending the workshop and get your questions answered.

 

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Filed under INVESTOR END-GAME STRATEGIES, workshop