Curiosity question: A bank / legal representative ‘bungles’ the paperwork for a farm, when there is a foreclosure. The farm is in two parts - a larger plot of 6 acres and a smaller plot of 4 acres. At one point the farm owner used the smaller plot to borrow cash to apply to larger plot, then fell in arrears and bank foreclosed on entirety - or so they thought. Title company later determines the incorrect number of acres is recorded for the foreclosure (larger plot of 6 acres, but bank forgot to change # of foreclosed acreage to 10 acres in court documents). So, the general questions are below - totally understanding the legal team may not be able to provide specifics - all these are based on public record of court documents, submitted to date: a) If Primary (of four defending parties) cannot be found to provide Service of court documents, does this mean a public notice has to be ‘published’? Where / when does this notice have to be published? b) Will the court case take longer to bring before a judge if the person cannot be found? (e.g., if the defendant(s) can’t be found, do plaintiffs / lawyer have to wait XX days? If the primary defendant has moved out of state, changed name, and/or remarried ( taking new husband’s name), does finding this party for service of court documents ‘speed up’ the process in any way? c) If publication is the only alternative to serving the defendant, how long do plaintiffs have to wait for court date? Courts may only meet on certain days of the month for foreclosures and other court actions similar, so with the pandemic and economic crisis with the administration encouraging holding back on foreclosures, would this property be affected - as this is not a normal foreclosure - since there is no structure and no one living in/on the parcel being foreclosed (as this is mostly submission of correction records versus a real foreclosure and ejection of tenants?)
Amazing! Thank you so much. Great info.
Curiosity question:
A bank / legal representative ‘bungles’ the paperwork for a farm, when there is a foreclosure. The farm is in two parts - a larger plot of 6 acres and a smaller plot of 4 acres. At one point the farm owner used the smaller plot to borrow cash to apply to larger plot, then fell in arrears and bank foreclosed on entirety - or so they thought. Title company later determines the incorrect number of acres is recorded for the foreclosure (larger plot of 6 acres, but bank forgot to change # of foreclosed acreage to 10 acres in court documents).
So, the general questions are below - totally understanding the legal team may not be able to provide specifics - all these are based on public record of court documents, submitted to date:
a) If Primary (of four defending parties) cannot be found to provide Service of court documents, does this mean a public notice has to be ‘published’? Where / when does this notice have to be published?
b) Will the court case take longer to bring before a judge if the person cannot be found? (e.g., if the defendant(s) can’t be found, do plaintiffs / lawyer have to wait XX days? If the primary defendant has moved out of state, changed name, and/or remarried ( taking new husband’s name), does finding this party for service of court documents ‘speed up’ the process in any way?
c) If publication is the only alternative to serving the defendant, how long do plaintiffs have to wait for court date? Courts may only meet on certain days of the month for foreclosures and other court actions similar, so with the pandemic and economic crisis with the administration encouraging holding back on foreclosures, would this property be affected - as this is not a normal foreclosure - since there is no structure and no one living in/on the parcel being foreclosed (as this is mostly submission of correction records versus a real foreclosure and ejection of tenants?)
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