Pompano Beach, FL asked in Real Estate Law and Foreclosure for Florida

Q: Company has filed foreclosure action against wrong party, what should I do?

I have no debt other than my mortgage which has never been delinquent. Today, my son tells me a process server showed up trying to serve papers for a Foreclosure on our home. I looked up public records and see a few days ago a Lis Pendens was filed listing some Asset Company as Plaintiff and me, my wife, and my mortgage company as the defendant. They clearly have filed against the wrong party. What should I do? Process server told my son he will be back on Monday.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: When the process server returns and you are served with process (or you could look at the court clerk's website) and you read the complaint, you should be able to determine what the case is all about. Evidently the plaintiff claims an interest in your property superior to your mortgage.

How old is your son? If he is older than a certain age, it would have been possible to achieve valid service on you by serving him, assuming he lives with you.

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