CORP/BIZ Foreclosure Via Facebook

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http://realestate.bryanellis.com/4607/foreclosure-via-facebook/

Foreclosure Via Facebook?

Posted by Carole VanSickle on Thursday, June 9th 2011

It has not happened (to our knowledge) in the United States, but in Australia, at least one couple has been served legally binding foreclosure documents via Facebook[1]. A Canberra couple defaulted on a “six-figure loan” and was untraceable via physical address or email. The lawyer for the lender was able to locate them on Facebook, however, and verify their identities through matching names, dates of birth and the fact that they listed each other as friends.

Thus far, the court has stated it needs to be satisfied on a case-by-case basis that there is a “reasonable prospect of success” before it will clear a lawyer to deliver papers via Facebook[2]. “In this case there was enough information for the court to be satisfied that the defendants [would get the papers],” explained Archie Tsirimokos, a partner at Meyer Vandenberg Lawyers in Canberra.

Do you think that this is just the wave of the future, or is delivering legal documents via Facebook – a service notorious for its lack of privacy and security – going over the line?

[1] http://www.guardian.co.uk/technology/blog/2008/dec/16/facebook-repossession-australia

[2] http://www.abc.net.au/worldtoday/content/2008/s2447627.htm
 

Dennis Olson

Chief Curmudgeon
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What SHOULD have been done is a court order obtained to get the IP address of the couple, then track that IP back to their Internet service provider from the Facebook postings, then get their current address from that company. The attorney for the lender was lazy and incompetent. NO legal documents can be served by Facebook. I'd go to court and move that the entire process be dismissed were I the couple.
 
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