Legal Question in Wills and Trusts in Hawaii

I was served with a foreclosure, I am not the trustee of the trust, The trust who is the member of the corporation was never served dosent that invalidate the foreclosure until the correct entites are served with proper notice and does the fact the trust was never served dismiss all the legal proceedings in the matter after the fact

Asked on 5/25/11, 10:02 pm

1 Answer from Attorneys

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A diligent effort to effect service shall be made in all actions. An action or claim may be dismissed by the court if no service is made within 12 months after the action or claim has been filed. However, if you have service with multiple defendants it is unwise to ignore the complaint just because the exact defendants are not served. The Plaintiff will make a motion of default judgment if they believe that the proper defendants have been served and the court will grant it if there is no opposition. This will be difficult and costly to go back and overturn. The best thing to do is to forward the complaint to that trustee so that they can call the Plaintiff's attorney regarding proper service/proper defendants and extension for time to answer the compaint.

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Answered on 5/25/11, 10:28 pm

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