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Foreclosure Service Procedure For Nys

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klyncher

Member
What is the name of your state? NY
I was served a foreclosure summons on 1/8th my mother who is a co-defendant was served on 1/7th. Both my mom and I (we live in separate/different states)
assumed we were served with identical papers. After consulting with an attorney (online service) and he insisting that I should have a complaint with my summons I inquired with my mom about her summons and we realized that we had been served differently. My summons consisted of only 2 pages which noted- Notice of foreclosure, plaintiff and defendants being my mother and I. My mother was served with a 14 pages complaint. THe bank is claiming we'e both on the note and mortgage but its an error. I never applied for a mtg, however I am on the deed. THat 's the reason I asked my mom to apply for me being that I was unemployed at the time and she had better credentials.
I have called the county clerks and court office whom have insisted that service procedure is a legal matter.
Does anyone who if all defendants must be served identical papers. When I called the County clerks office to complain about the missing complaint in the summons, the clerk noted that the lawyer doesnt have to state or describe the complaint. She added that the foreclosure notice is an implied complaint and is sufficient. Now when I call back another clerk is insisting they only record/file records and its a legal issue.

Could someone please advice on this. I have to respond to the summons today!! Thanks in advance.
PS: I cant afford an attorney and will be "pro se". ANyone with knowledgable and efficient advice please respond. THanks!
 
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