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Defendant Served – Finally!

Our attorney sent us a text this past Saturday, which made my weekend! We had a problem borrower for one of our non-performing notes last year who pulled every trick in the book to avoid foreclosure. She’s one of those borrowers that went more than 10 years without a single mortgage payment.

We foreclosed on the property in August, 2019. The former occupant wasn’t interested in cash for keys so we filed an unlawful detainer in October. The process server couldn’t serve her personally and indicated that it looked like she was still living there. No one would ever answer the door. This particular county is behind the times and getting court approval to serve by “post and mail” was taking a lot longer than up to date, electronic filing counties.

Frustrated at the lack of progress, we found another process server in late December that had the reputation of getting things done. Sure enough, he did get it done and our attorneys text message carried the good news.

On to the trial!

Lesson learned: when you’re dealing with someone that you know will go to great lengths to avoid service, make sure you get the right process server. They’ll charge more money but it’s totally worth it. We lost 3 1/2 months on this one…..

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