Ask Nick – Service of LLC in Foreclosure Action

Question:

In attempting to serve an LLC in our foreclosure action, the service company was not able to serve at the property address as the property is vacant. The service company did locate and serve at the home address of the registered agent for the LLC, and service was accepted by the son of the registered agent. The service company has stated that “since this is a foreclosure, the court recognizes proper service as upon any of age member of the household at the home address of a registered agent.” Please advise whether the LLC has been sufficiently served.

Answer:

The service company is correct. If the service is to the managing agent of the LLC, and an of age member of his/her household accepted service on his/her behalf, then that service is acceptable and sufficient. More information on the rule regarding service can be found here.

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Under no circumstances is Fortune Title Agency, Inc. or any of its employees giving any legal advice.  The Ask Nick Q’s and A’s are based on situations that the company has experienced and is sharing with the public for informational purposes only.  Always contact your attorney for any legal advice.

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