As a lawyer, it’s your duty to adhere to and uphold the letter of the law. This can sometimes be a daunting task, especially when you’re dealing with overwhelming caseloads, some of which may be challenging and require a great deal of attention in their own right. Some cases, for instance, require affidavits, summons and notices to be delivered. While you might be qualified to perform this task on your own, oftentimes there just aren’t enough hours in the day for you to efficiently tick off every item on your ever-growing to-do list. If one of your clients needs to have someone served with foreclosure papers, then it makes more sense to hire a professional and experienced process server to get the job done for you.
Here are all of the reasons why you need to hire an experienced foreclosure process server for your law firm.
Serving Foreclosure Papers
Some states allow for nonjudicial foreclosures, which means that lenders such as banks aren’t legally obligated to go through the court system in order to file a foreclosure on a property.
They can automatically move forward with a foreclosure without obtaining permission from a judge. In judicial states, the process for foreclosure can only officially commence once the defendant or homeowner receives a formal foreclosure summons in the mail, via publication, or hand-delivered by authorized personnel. A licensed foreclosure process server, an adult over the age of 18 who has no associations with the case or anyone involved, or the local sheriff are all considered qualified to perform this task.
Of course, hiring an experienced process server to handle a job like this is your best option because it ensures that the task will be carried out in an efficient, accurate, and timely manner. After all, it’s extremely risky to give someone with no legal experience or in-field training this level of responsibility and the local courts are usually backlogged with other more pressing matters, which means that your case might not be considered top priority.
Judicial States vs. Nonjudicial States
Judicial states require that the lender formally inform the defendant that their property is being foreclosed on. They’re legally obligated to go through the court system and file a petition.
Nonjudicial states, on the other hand, allow lenders to automatically file a foreclosure petition and proceed with the process without even having to inform the defendant (although this usually happens by default).
Regardless of the method used, the end result is always the same: the property is put up for auction. Typically in nonjudicial states like Texas, a notice of foreclosure isn’t sent to the defendant. However, they may receive a notice of default and subsequently, a notice of sale or both at the same time. In some cases, these notices will be issued via publication in the local newspapers.
It’s also important to note that in some nonjudicial states, the property’s deed or trust must contain a power of sale clause in order for the lender to be allowed to foreclose outside of the judicial process. Experienced property lawyers are privy to this information in their given states and should therefore consider hiring a foreclosure process server with flexible working hours and an in-depth knowledge of their local legal stipulations.
Judicial states include:
- New Mexico (sometimes)
- New Jersey
- New York
- North Dakota
- South Carolina
Nonjudicial states include:
- The District of Columbia
- Colorado (sometimes)
- Maryland (sometimes)
- North Carolina
- New Hampshire
- Rhode Island
- South Dakota
- West Virginia
What Happens if Service of Process Is Deemed Defective?
Just like any other legal workers, process servers can be subject to legal repercussions if they fail to perform their duties to the highest possible standard. If, for whatever reason, the service of process rendered is deemed defective, then this could jeopardize the entire case.
It also means that the entire process will need to start from the very beginning, which is a huge waste of time, money, and other legal resources. The circumstances under which the service of process failed will be closely examined to determine where and how it went wrong.
While this may not seem like a big deal, it could mean that the actual case will be delayed for a number of months or years depending on how backlogged the local courthouse is with other cases. Criminal cases typically take precedence over bankruptcies and foreclosures and even those could take years to bring to trial.
Reasons Law Firms Need Foreclosure Process Servers to Work for Them
As mentioned, lawyers already have their hands full when it comes to preparing for cases. From conducting research to meeting with clients and filing paperwork, you’re obviously preoccupied with trying to win your client’s case and that’s why you need someone who’s trustworthy and qualified who serves foreclosure papers for a living.
A nationwide process server who works for a reputable firm can guarantee that all of the legal documents involved in your case are delivered to the correct recipient well within the court-mandated deadline.
In the same vein as other types of legal documents, foreclosure papers are time-sensitive and therefore must be served and filed efficiently to speed up the process. When dealing with high-profile cases, as some foreclosure lawsuits can be, the stakes are very high and the margin for error is virtually nonexistent. That’s why you need a reliable ally on your side.
Nationwide Foreclosure Process Servers Based in Texas
Professional Court Services provides excellent service of process to law firms all over the country, including nonjudicial and judicial states. We specialize in working alongside lawyers and other legal professionals to serve the best interest of our mutual clients and make sure their cases are handled with care, attention to detail, and professionalism. To learn more about how our services can benefit your law firm and support your legal team, please contact us today!
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