Foreclosure proceedings must work their way through the courts in the United States. Some legal experts expect that lenders will obtain the right to start initiate foreclosure proceedings by serving the foreclosed legal documents through Facebook. Although this has not taken place yet in the United States, it has already happened in Australia.
A couple in Australia defaulted on a mortgage loan. The lender’s lawyers found them on Facebook. The lawyer served the couple their legal papers through Facebook. The matter was litigated in the courts in Australia. The court upheld the lenders right to send foreclosure notices via Facebook! The court found the couple’s privacy rights were not violated and that they received adequate notice by service through Facebook.
Canada, New Zealand and United Kingdom Accept Service By Facebook
There have been cases in New Zealand, Canada and the United Kingdom where homeowners have been served foreclosure notices through Facebook.
Service of Foreclosure Papers By E – Mail
Courts in general have not accepted e – mail service of legal notices to be either reliable or appropriate. Courts are concerned that the end users will assume the e – mails are junk mail and not open them.
New York City and Long Island Foreclosure Defense
If you are served with a summons and complaint in a foreclosure proceeding in the State of New York you must quickly take action. The service of the summons personally upon you requires you to submit a written answer within twenty days. If you are served through any other means other than by personal service you have thirty days to submit a written answer. The answer to the summons and complaint must either admit or deny the allegations in the complaint. The answer must be served on the attorney for the financial institution and an additional copy must be mailed to the court. The copy mailed to the court must contain an affidavit stating you served a copy of the answer on the bank’s lawyer. You will thereafter receive notice of a foreclosure court conference.
Long Island and New York City Area Foreclosure Defense Lawyers
If you’re home is in foreclosure we can help you. We can assist you in obtaining a mortgage modification. We can help you litigate your foreclosure proceeding. We will attend the foreclosure court conferences on your behalf and press your lender to approve a mortgage modification for you. If you contact us for a consultation we will meet with you and discuss your foreclosure options. These options may also include foreclosure related bankruptcy filings. These options may include filing either a Chapter 7 or Chapter 13 bankruptcy. We appreciate your visiting our foreclosure blog.
