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
An Award-Winning FirmRicardo & 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