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Strict Compliance with Service of Process Statutes

Posted on: January 30, 2013

Mortgagors, David and Julianne Walker (the “Walkers”), appealed a non-final order denying their motion to quash service of process.  Walker v. Fifth Third Mortgage Company, 100 So. 3d 267 (Fla. 5th DCA 2012). The premise for their motion to quash was that the process served failed to strictly comply with Florida Statute section 48.031. 

Fifth Third Mortgage Company filed a mortgage foreclosure action against the Walkers.  The Walkers were, in fact, personally served with a summons and a copy of the complaint.  However, the process server failed to include the date and time of service, or his identification number on any of the documents served on the Walkers.  Florida Statute section 48.031(5) provides that a person serving process shall place on the first page of at least one of the processes served, the date and time of service and his or her identification number and initials for all service of process.  

Noting the requirement of strict compliance with relevant statutory provisions governing service of process, the Fifth District Court of Appeal reversed the trial court’s order denying the Walker’s motion to quash service of process, and remanded the matter for further proceedings.

Attention to detail and strict compliance with statutory provisions is of utmost importance when filing a mortgage foreclosure action.  The attorneys’ at Schecter Law have vast experience in all aspects of complex commercial and residential mortgage foreclosures. Schecter Law has represented institutional and individual lenders in connection with foreclosing both commercial and residential properties. Our attorneys’ vast experience in the area of Florida foreclosure law enables us to assist our clients in developing creative and cost-effective solutions to mortgage foreclosure and deficiency related issues.