Each week ServeNow combs the web for the latest and most interesting industry news stories to bring you the Weekly Process Server Blotter.

Evictions and Process Servers in Florida

TEMPLE TERRACE, FL --  In Florida process servers play an important role in the eviction process. Under Chapter 83 of the Florida Statutes, if a tenant has not paid the rent, the landlord must deliver a notice to the tenant stating that the rent must be paid in three days. In many cases, landlords use a process server for this process, so that there is evidence that the notice was delivered. Process servers should attempt personal delivery at least twice, but it is acceptable to post the notice on the tenant’s door if the tenant has been evading service. If the tenant does not pay, the landlord must file an eviction complaint with the court. The tenant must be served with legal papers about the court proceedings, using a process server or sheriff. The landlord cannot serve the tenant personally.

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Deal for Robosigning Raises Concerns

WASHINGTON, DC -- State and federal authorities have reached a deal with five mortgage lenders after allegations of incorrect process service, robosigning, and other wrongdoing on the part of the lenders. Under the terms of the deal, Bank of America, Wells Fargo, Citigroup, JPMorgan Chase, and Ally Financial will enjoy some legal immunity and pay $26 billion. Those who suffered foreclosures from these banks between Jan. 1, 2008 and Dec. 31, 2011 will get an estimated $2000 each, but some are questioning why the money is not specifically going to those who were victimized by incorrect process service or robosigning.

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Florida’s Foreclosure Bill

TALLAHASSEE, FL -- A House committee has passed a foreclosure bill which would fast-track the foreclosure process. Although the bill has passed, it did raise a number of questions. For example, there were questions raised over expediting the foreclosure process on abandoned homes. As several legislators noted, determining which homes are abandoned can be difficult – some may be merely unkempt and occupants may work long hours, giving the home the appearance of an abandoned property. Advocates of the bill said that when Florida process servers arrive at a home to serve a notice, they will need to carefully submit details of their process on an affidavit of service, making it easier for banks to tell which homes are abandoned and which are not. The House Judiciary Committee will now take a look at the bill.

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Process Service Casts Doubt on Board Member’s Residency

OSWEGO, IL -- Illinois process server Robert B. Holst, of United Processing Inc., who attempted to serve County Board member Suzanne Petrella with foreclosure papers, noted that Petrella’s home in Yorkville seemed to be unoccupied in March. Petrella alleged that she began a move in October and was recovering in March from a medical procedure. The process server’s comments have raised concerns about Petrella’s residency.  According to Holst’s paperwork, he was at the Yorkville address eight times in two weeks, sometimes arriving early in the morning or late at night. He could not get anyone to open the door and he noticed that there seemed to be no furniture except for what appeared to be moving boxes.

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