Foreclosure

Asked over 2 years ago - Orlando, FL

When the sheriff or process server deliver the serve of the foreclosure notice to my door and I will not be home, are they going to leave a notice that they were there?

Attorney answers (3)

  1. Sheryl Ann Edwards

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    Contributor Level 12

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    Answered . Typically, when a process server seeks to serve a defendant with a summons and complaint for foreclosure, they will need to effect individual service by handing the pleadings directly to the person they are trying to serve, or will need to effect substitute service by serving someone at the defendant's "usual place of abode" who is 15 years of age or older.

    Service of a complaint and summons for foreclosure is not effected simply by leaving the pleadings at the door. However, if a process server has tried to serve you and nobody answered the door, typically, the process server will leave his or her card at the door which is a pretty good sign that you have been sued.

    Often, a process server will "elaborate on the truth" in the affidavit of service filed with the court in which they swear that they either served you through individual service or substitute service. You should check the records of the clerk of court in your county to see if an untrue affidavit of service has been filed - or better yet, you should start looking for an experienced foreclosure defense attorney in your area. The worst thing you can do in foreclosure is NOTHING! Be proactive and protect yourself. With the right assistance, there are ways to work through foreclosure.

    This information is being provided for informational purposes only and is not to be taken as legal advice or to... more
  2. Dennis Andrew Chen

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    Answered . They will most likely leave a copy of the summons taped to your front door. In Florida an eviction summons can be properly served by posting a copy on the door and mailing a copy to you. If you take no action the landlord will get an default entered and judgment for possession and within a week or two the sheriff will return with a Writ of Possession and give you 24 hours to move out. Do not ignore the eviction notice. Contact an experienced landlord-tenant attorney asap.

    No attorney-client relationship is created by answering questions in this public forum. If you wish to create an... more
  3. Robert Jason De Groot

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    Contributor Level 20

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    Answered . Sometimes they will leave a card for you to call and arrange to be there for service of process.

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