Archive for November 27th, 2010

Reversing a Foreclosure – Invalid Service of Process

I’ve spoken about reversing a Final Judgment of Foreclosure for invalid service of process on this blog on multiple occasions.  In fact, I have hearings coming up in two different cases (one on Monday morning in Jacksonville) with this precise issue.  Hence, I’m pleased to read the following decision from Florida’s Third District Court of Appeal, which reversed a Final Judgment of Foreclosure for invalid service.  (Hat tip to for pointing this out to me.)

If you think this argument may apply in your case, bear in mind the two critical facts at play here: (1) the homeowner was never served; and (2) the homeowner never filed any papers in the case and otherwise did not defend.  When those two facts both apply, a Final Judgment is void and can be vacated at any time, even years later.  

Here’s a link to the opinon.

Mark Stopa

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