Setting Aside Foreclosure Judgments – Process Servers Violated Due Process?

Posted By on November 5, 2010

There is some really important news developing regarding the foreclosure fraud mess.  The foreclosure process servers were just as sloppy and eager as everyone else that they also filed fraudulent documents with the Courts.  The very essence of due process of law begins with notice and the opportunity to be heard.  Apparently, some of the process servers lied about serving some property owners with foreclosure lawsuits.  By doing so, they violated the basic foundation of our legal system.  They violated our State and Federal Constitution relating to the principal of notice and the opportunity to be heard.  They may have stripped homeowners of their right to defend themselves in a Court of Law, which is a basic principal of our county.  The result is that this gives homeowners who have lost their home to foreclosure grounds to seek to have a foreclosure judgment set aside.  In those situations where the banks have resold the home, the only thing a bank can do, in my estimation, is compensate the homeowner and/or at the very least offer to waive their deficiency rights against the homeowner.

Read more here: Foreclosure Fraud Expanding to Process Servers

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