I just realized that my house is in foreclosure for almost 2 years but I have been never served with court foreclosure papers on my home which is a commercial Mortgage but I leave in the property, is this a good defence? do the bank has to serve me? or since its a commercial Loan and the borrower is a LLC they just have to serve the secretary of state?
I understand this to mean that you "live" in the property, which is your residence, but the mortgage is commercial not residential. In answer to your questions, yes, the bank has to serve you. And yes, service may be affected through the secretary of state. I'm perplexed that you "just realized" of this foreclosure proceeding which has been apparently pending for "almost 2 years." You need to consult with a competent foreclosure defense attorney.
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If the owner is an LLC, the LLC can be served through the Secretary of State. Did the LLC answer? If NO, did the bank move to take a default judgment? If NO, that would likely be grounds to make a motion to dismiss - a default must be taken within 1 year of service unless good cause shown.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
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