QUESTION

Do I have to accept a sommoms if my name is in correct?

Asked on Oct 19th, 2013 on Foreclosures - Florida
More details to this question:
I am currently in default w/mortgage and just learned through Circuit Court website that a Lis Pendens was filed 10/17/13, but have not "physically" been served. My name listed has middle initial J which is incorrect. The name of the lender name is listed as xxxx Bank NA, but is actually xxxx Home Mortgage a Division of xxxx. Am I still required to accept the Summons when delivered or can I simply state that that is not my name or servicer. Also, when should I expect to physically be served?
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
Personal service is not required to foreclose a property as its an "in rem" proceeding. You should probably hire an attorney ASAP since you now know whats coming, to prepare any defenses you may choose to raise.
Answered on Oct 24th, 2013 at 11:22 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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