If I Received a Citation for Foreclosure Through Regular Mail, and Did Not Sign for it, Was I Properly Served?

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“I received a citation for foreclosure through regular mail. I did not sign for the certified copy and the USPS receipt shows it being returned to Sender. This is in the state of Texas. The citation was submitted on 11/7 and signed by court clerk/deputy on 11/9 and handed to USPS the same day. This is a home equity loan.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

1. Was I served properly with this citation as I did not sign/receive the certified mailing?

2. If so, what is my filing dead line for an answer?

The citation states: “If you, or your attorney, do not file a written answer with the clerk who issued this citation by 10am on the 1st monday following the expiration of 38 days from the date the citation was placed in the custody of the US postal Service, a default judgment may be taken against you”‘

The procedures for serving citations vary somewhat from place to place. However, more important than the question whether service was proper is what difference does it make? Assume for the moment that the service was not proper; how will that help you? You might be able to get the foreclosure set aside for improper service . . . after you’ve already been kicked out of your house. And then again, you might not. That isn’t a risk that most people would want to take, so I’d explore other options for dealing with this foreclosure.

As for the deadline, again procedures vary from place to place. But it seems like you would start from the date of mailing, count 38 days, and find the next Monday. However, nothing happens instantaneously, so you don’t want to wait until the last minute, even if you are calculating it correctly.

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Author: House Attorney

A house attorney has answered this question.