How to read “service” without panicking
Reminder: This is information and education, not legal advice or representation.
1. What “service” is supposed to be
“Service” is how the plaintiff (the party suing you) claims they gave you legal notice of the foreclosure.
In plain language, it answers:
“How did this lawsuit get from their hands to yours?”
If service was done wrong, that doesn’t automatically end the case. But it can change the story from:
“You ignored the Court”
→ to →
“Were you ever properly brought before the Court at all?”
2. Common types of service (general concepts)
Exact rules vary by state, but you’ll often see concepts like:
- Personal delivery – Someone hands the papers directly to you.
- Substitute service – Someone at your residence or workplace is served (e.g., an adult household member), plus mailing.
- “Nail and mail” / posting + mail – Papers are posted at the property and then mailed.
On paper, this usually shows up in a document called an Affidavit of Service (or several of them).
3. Where to look: the Affidavit(s) of Service
Find and read:
- Any document titled “Affidavit of Service”, “Affirmation of Service,” or similar.
- They may be attached as an exhibit or appear separately in the docket.
Key elements to notice:
- Date of service – When did they say you were served?
- Time & location – What time of day, and where?
- Method – Personal, substitute, nail-and-mail, etc.
- Description of the person served – Sometimes includes age, hair, build, etc.
You are not trying to argue the law here. You’re simply asking:
“Does this match reality?”
4. Questions to ask yourself
Use these as prompts:
- Was I actually at that address on that date and time?
- Did anyone in my home tell me they were served with court papers?
- Did I learn about the case later, from a totally different source (mail, email, CFPB, bank portal, etc.)?
- Does the description of the person served sound like me or someone I live with?
You’re looking for gaps between the story in the affidavit and your actual life.
5. Simple red-flag checklist
Red flags to note (for discussion with an attorney, not to diagnose your case):
- An affidavit claiming you were served at a time you were provably elsewhere (work records, travel, etc.).
- A description of the person served that doesn’t match anyone in your household.
- Service supposedly at an address you did not live at at the time.
- Only “nail and mail” / posting service, even though you were reachable and present in normal ways.
Again, these don’t automatically end a case—but they are not nothing.
6. How to use this with attorneys or legal aid
When you talk to an attorney or legal aid:
- Bring a copy of the affidavit(s) of service.
- Bring your own notes explaining where you actually were and when you first learned of the case.
- Say something like:“I’m not sure if this is legally defective, but the story in this affidavit does not match how I actually found out about this case. Can you look at this with that in mind?”
Your job isn’t to argue service law. Your job is to be organized, calm, and factual about the mismatch.