Service of Process and Void Judgments

Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in. How could this happen? Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case. At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house. But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice. If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys. We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.
Ricardo & Wasylik PL wins the 2015 Pro Bono Law Firm of the Year Award from Community Legal Services of Mid-Florida

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

What to do if you need free legal help

Ricardo & Wasylik is proud to provide pro bono services through CLSMF and other officially-recognized legal services organizations throughout the state of Florida. If you need pro bono representation in foreclosure or any other legal area, please contact the legal services organization that covers your region.

Trial court win on § 559.715, standing, and paragraph 22, turns into appellate win: McCormick 106, LLC v. Adjoda

October 15, 2015

Ricardo & Wasylik PL has successfully protected, in the appellate courts, a trial win from Palm Beach County in McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a […]

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Is Someone Else Living in Your Home?

September 27, 2015

Every so often, we get a call: I didn’t even know I was in foreclosure! It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else […]

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Can you wipe out your mortgage with a TILA rescission notice?

May 27, 2015

It’s the hot new theory on foreclosure websites: wipe out your loan with a TILA rescission notice! Can you really do that? Is it really possible to wipe out your mortgage just by sending a letter? In the video below, Ricardo & Wasylik foreclosure lawyer Mike Wasylik explains what the TILA rescission right is, how […]

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Foreclosure Backlog Project Finally Expires June 30, 2015

May 17, 2015

Millions in ill-gotten bank gains used to tilt the scales against bank victims In 2013, five of the largest mortgage servicers in the nation ponies up billions of dollars to settle federal and state claims they they had violated federal and state laws by, among other things, using false information to obtain federal money backing […]

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Should you get a forensic foreclosure audit?

April 26, 2015

Should you get a forensic foreclosure audit? Many clients who come to us ask whether it’s worth spending hundreds or thousands of dollars some forensic audit firms will charge to review your loan. Some come to us, having already spent that kind of money, wanting to know if we can use it to help them. […]

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Supremes Schedule Bartram Argument for October

April 26, 2015

The Florida Supreme Court has decided it wants to hear oral argument about why it should reverse the disastrous ruling of the Fifth District Court of Appeal in U.S. Bank Nat’l Ass’n v. Bartram, 140 So.3d 1007 (Fla. 5th DCA 2014). The Court will hear oral argument at 9:00 a.m., Wednesday, October 7, 2015. A […]

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Does improper service of process invalidate a foreclosure?

April 25, 2015

A viewer asked us whether improper actions by the process server in serving the summons can affect the validity of the foreclosure. The answer, which we discuss in this video, may surprise you.

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Appellate Court upholds Statute of Limitations: Deutsche Bank v. Beauvais

January 19, 2015

In April of 2014, one of Florida’s appellate courts handed down a ruling in U.S. Bank v. Bartram that effectively gutted the statute of limitations in foreclosure cases—meaning that even if you beat the bank in court on your foreclosure, they could simply file a new case, no matter how long the first case had […]

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