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MUST READ | Chief Judge Warns- We’ve Got A Whole Pile Of Voice Service Of Process, the “POOF” Problem solved…

MUST READ | Chief Judge Warns- We’ve Got A Whole Pile Of Voice Service Of Process, the “POOF” Problem solved…


Hint: This is NOT about borrowers, make sure you read the email in the link below!

“How do you think we can help out those poor defendants today? We may not be able to cure their legal issues, but we’d sure like to help give them some strong legal arguments in their case!”

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (0)

IL Appeals Court Vacates Judgment, Quash Service of Summons

IL Appeals Court Vacates Judgment, Quash Service of Summons


LASALLE BANK NATIONAL ASSOCIATION,
as Trustee for Certificate holders of Bear Sterns
Asset Back Securities I LLC Asset Backed
Certificates, Series 2004-FR3,

v.

UNKNOWN HEIRS AND LEGATEES OF
CANDICE WILLIS, DECEASED, AVANTA R.
WILLIS, ENRICO D. WILLIS, MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC., as nominee for Fremont Investment & Loan,
UNKNOWN OWNERS and NON-RECORD

Excerpt:

ORDER
Held: The trial court erred in finding defendant Avanta R. Willis waived the issue of personal jurisdiction by filing documents with the court after entry of a default judgment and therefore, the trial court improperly denied defendant’s motion to vacate judgment and to quash service of summons. The judgment of foreclosure
and confirmation of judicial sale are vacated. The cause is remanded to the trial court for further proceedings.

<SNIP>

The motion included defendant’s assertion that she was not a white woman as set forth in the proof of service, that she was not personally served with process in this case, and that a copy of the summons was “stuffed into her mail box.”

<SNIP>

On January 12, 2010, new counsel entered his appearance on defendant’s behalf, and the court continued the cause for hearing. On January 26, 2010, defendant’s new counsel filed a reply to plaintiffs’ response to defendant’s motion to vacate judgment and quash service. In the reply, defendant stated that Karen Crohan, listed as the special process server on plaintiffs’ affidavit of service, was not a licensed detective in the State and was not appointed by the court to serve defendant. According to the reply, Crohan was an employee of Proveset LLC, a licensed detective agency. Also according to the reply, defendant again claimed that she was not served with summons, that plaintiffs failed to rebut defendant’s affidavit that she was not served, and that the trial court’s ex parte order of default was void.

On February 18, 2010, the trial court conducted a hearing on defendant’s motion to vacate judgment and quash service. Defense counsel argued to the court that plaintiffs’ affidavit of service indicated that the process server served a white female, that defendant was African American, that no one else lived with defendant and that the special process server did not comply with the relevant statutes. Plaintiffs’ counsel responded that defendant had waived the issue because defendant filed two prior petitions to vacate and that neither petition attacked personal jurisdiction.

[ipaper docId=50172892 access_key=key-2ff9kwv7i9ynuvk04zbb height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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DEPOSITION TRANSCRIPT OF DAVID J. STERN ESQ. FROM 1/19/2000 BRYANT v. STERN

DEPOSITION TRANSCRIPT OF DAVID J. STERN ESQ. FROM 1/19/2000 BRYANT v. STERN


Excerpts:

Q Can you tell me why these documents haven’t been produced prior to today?
April 18th, 1996, letter from Law Offices of Mr.
Stern to Vanessa Chernick, assistant general counsel
Fannie Mae, you didn’t maintain a copy of this document
in your Fannie Mae file and therefore, you didn’t
locate it when we asked you to produce these
documents?

MR. GEYER: Object to the form

A Repeat the question, please

(Thereupon, the portion was read by the reporter)

A At the time I was asked to produce the
documents, it was not in the file

By Mr. Guilday

Q Where did you find this document?
A In a Fannie Mae file
Q Whose Fannie Mae file?
A I’m not sure
Q Within the last few days, last few months,
when?
A I did not actually locate that letter. That
letter was located by one of my other staff members.
When, I don’t know. And to whom or by whom, I do not
know.

Continue reading below…

[ipaper docId=45971754 access_key=key-2c85vvj1227k9wo0sese height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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FL AG INVESTIGATES PROCESS SERVICING CO. PROVEST, LLC and GISSEN & ZAWYER

FL AG INVESTIGATES PROCESS SERVICING CO. PROVEST, LLC and GISSEN & ZAWYER


PROVEST, LLC

The case file cited below relates to a civil — not a criminal — investigation. The existence of an investigation does not constitute proof of any violation of law.

Case Number: L10-3-1197

Subject of investigation:

Provest LLC

Subject’s address:

4520 Seedling Circle Tampa, Florida 33614

Subject’s business:

Process Serving Company

Allegation or issue being investigated:
Numerous Complaints being looked into, among them are questionable proper service of complaints, questionable billing practices, filing questionable affidavits filed with the Courts.

AG unit handling case:

Economic Crimes Division in Ft. Lauderdale, Florida


View contact information for Ft. Lauderdale.

_______________________________________

GISSEN & ZAWYER PROCESS SERVICES, INC.


The case file cited below relates to a civil — not a criminal — investigation. The existence of an investigation does not constitute proof of any violation of law.

Case Number: L10-3-1228

Subject of investigation:

Gissen & Zawyer Process Service, Inc.

Subject’s address:

1550 Biscayne Blvd. Suite 200 Miami, Florida 33132

Subject’s business:

Service of process company

Allegation or issue being investigated:
Numerous complaints being looked into, among them are questionable proper service of complaints in foreclosure law suits, questionable billing practices, filing questionable affidavits with the Courts, back dating returns of service,

AG unit handling case:

Economic Crimes Division in Ft. Lauderdale, Florida

View contact information for Ft. Lauderdale.
© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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FL 3rd DCA Appeals Court Reversal “PROVEST, LLC PROCESS SERVICE” BENNETT v. CHRISTIANA BANK & TRUST COMPANY

FL 3rd DCA Appeals Court Reversal “PROVEST, LLC PROCESS SERVICE” BENNETT v. CHRISTIANA BANK & TRUST COMPANY


BENNETT v. CHRISTIANA BANK & TRUST COMPANY

Debbie Bennett, Appellant, v. Christiana Bank & Trust Company, etc., Appellee.

Case No. 3D09-2653.

District Court of Appeal of Florida, Third District.

Opinion filed December 1, 2010.

Joseph J. Pappacoda, (Fort Lauderdale) for appellant.
Florida Foreclosure Attorneys, PLLC, and Klarika J. Caplano, (Clearwater) for appellee.
Before SUAREZ, CORTIÑAS, and SALTER, JJ.

EXCERPT:

SALTER, J.
Debbie Bennett appeals the denial of her emergency motion to vacate a final foreclosure judgment. Based on the record and our conclusion that there was no personal service of process on Ms. Bennett, we reverse the judgment and remand for further proceedings.

On November 20, 2008, Christiana Bank & Trust Company filed an action to foreclose the mortgage on Ms. Bennett’s home. The plaintiff’s attorneys, Golson Felberbaum Law Firm, hired Pro-Vest LLC, a process service company, to serve Ms. Bennett. Christopher P. Mas, a Pro-Vest employee, filed a verified return of service on December 29, 2008. The return indicated that individual service was accomplished on December 20 at 4:13 p.m. The return further indicated that “DEFENDANT REFUSED TO DISCLOSE MILITARY STATUS; PROPERTY IS NOT A MOBILE HOME. I asked the person spoken to if the person served is married and I received a negative reply.”

Continue Below…

[ipaper docId=44531544 access_key=key-zp6ehf374b3yo1todgv height=600 width=600 /]


© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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PROCESS SERVING INSIDER…Other monsters in the Sea: PROVEST, LLC

PROCESS SERVING INSIDER…Other monsters in the Sea: PROVEST, LLC


Posted by SUItheGATOR on May 24, 2010 ForeclosureHamlet.org

Another area that should be investigated in the foreclosure mill process is the “process serving” Mills such as ProVest LLC.

I worked at ProVest for 7 months a few years ago, as jobs are scarce. There were some issues there of some of the servers just “drop serving” the summons, (just leaving at the door and saying they gave it directly) or Sewer serves, (saying it was served and they never even left at the door). A few borrowers obtained legal counsel and executed their rights, as they were never properly served, but there are probably more borrowers unaware they have been “had”.

If Improperly served, the court dates cannot be set.

Due to ProVest’s aggressive style, and high volume of work, it is possible many servers, not direct employees, were forced to do the serves this way due to the volume and ProVest’s unrealistic expectations. They wanted a serve within 10 days of it being filed at the court house. As an employee, server or not, if you did not meet their outrageous timeframes it provoked what I call “public floggings” of employees. Not a nice place to work.

ProVest does process serving for many of the foreclosure mills such as Stern and FDLG… And for the record, when I was there, a husband worked for FDLG, and the wife worked for ProVest…

So, if you want more dirt for your compaign, here it is.. Check to see if the borrowers were properly served.

RELATED STORY:

Lender Processing Services LPS and ProVest: Resemblance is uncanny

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in FDLG, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, insider, Law Offices Of David J. Stern P.A., sewer serviceComments (1)


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