Foreclosure proceedings are often complex, time-sensitive, and emotionally charged. The way in which legal documents are served can influence the outcome of a case. Whether you’re an attorney, lender, or property management company, having an experienced process server on your side can help alleviate these risks.
Serving the Documents
The Start of the Legal Process
The foreclosure process begins when a lender files a lawsuit to recover property. That lawsuit must be formally served to the borrower, typically in the form of a Summons and Complaint. The process server must deliver that document to the defendants according to state guidelines, often within a narrow timeframe.
Following State and Local Rules
In New York, the rules for serving foreclosure documents are particularly stringent. The type of service (personal in-hand, suitable age and discretion, or affixing and mailing) must be legally valid. If service is not done properly, the case can be delayed or even dismissed.
Handling Evasive or Unknown Parties
Skip Tracing Services
In many cases, borrowers will move or even actively avoid service. That is when skip tracing becomes essential. Using specialized tools and databases, experts can locate hard-to-find defendants so that the proper individuals are served and the legal process can move forward.
Serving Defendants/Occupants
Foreclosure actions sometimes involve more than just the borrower. There may be tenants or other occupants who need to be notified. A process server must ensure that all relevant parties receive the necessary documents.
Filing Proof of Service
Court-Ready Documentation
Once a document is served, a process server must prepare an affidavit of service and file it in the appropriate court. This is official proof that the legal process was carried out properly. It is a crucial part of the record and can be used later in court if service is challenged.
Maintaining Accurate Records
Every detail matters, especially dates, times, names, and addresses. Accurate, detailed records of each service attempt help ensure everything is transparent and legally sound.
Supporting a Smooth Legal Process
Reliability You Can Count On
Foreclosure proceedings require precision, consistency, and speed. Process servers are often one of the first points of contact in a case, and they can set the tone for everything that follows. When service is handled professionally, it allows attorneys and lenders to proceed with confidence.
Process services are an essential player in the foreclosure process. Here at Reliant Court Services, we provide trusted, compliant process serving that supports your foreclosure case from start to finish. If you need professional and dependable service for your legal proceedings, we’re ready to help. Contact us today to learn more about our services.