Attempted Service at Foreclosed Property Insufficient

Lender’s counsel had the defendant served with the summons and complaint at the property that it sought to foreclose and at another address listed with the parking violations bureau. The process server could not locate the defendant at the foreclosed property and, when told that the defendant lived at the second address, sought to serve the defendant at the second address. The defendant was not served personally at either address. The process server had no detailed information concerning the second address and did not serve the defendant at a third address, the address listed on the mortgage. After the time to respond expired, the lender moved for a default judgment. In denying the unopposed motion, the court determined that the process server failed to properly exercise due diligence in serving the summons and complaint. The court also dismissed the case because the lender did not own the note at the time the lawsuit was commenced.