The rules of process serving under scrutiny
New Questions Being Raised About Filings in Foreclosure Cases as JPMorgan Chase Resumes Foreclosures
The expanding investigation into foreclosure fraud in Florida has turned up a new problem: individuals hired by law firms to notify homeowners when their foreclosures are to be heard in court may have filed false or faulty documents. Law firms that may have employed “robo-signers” to rapidly process claims are under scrutiny for violating , such as the personal delivery of legal papers, reported the Sun Sentinel.
Note that in the old days the deed of trust required the use of certified mail return reciept requested to deliver notices now it is first class mail. Since there is no assurance that first class mail gets delivered we should go back to certified mail (or fed ex or ups with signature required)
Also probably require a notice in the legal notices section of the local paper.
It depends which state your in. In MD a process server can post the foreclosure notice on the front door after so many attempts and send both certified and first class mail.
Every state has different laws concerning process serving. My company, eServe, is based out of San Diego, but does business throughout a majority of Southern California. Our laws are similar to the reply before me. We are required to make a certain amount of attempts and then are able to actually just post the documents in a non-conspicious place at the residence in question. The only problem with certified mail is actually getting the person to pick it up. If you have any further questions or would like to research this topic further be sure to check out my website, http://www.processserversandiego.com Thank you.