Northern Florida County Clerk Stops Issuing Summonses To Tenants In Foreclosure Actions

In Alachua County, Florida, The Gainseville Sun reports:

• Clerk of Court Buddy Irby said the Clerk's Office stopped issuing the summonses [to tenants in foreclosure actions] on Jan. 15 on the advice of the clerk's attorney because of concerns that they show the tenants as being sued in court records. "If you were a renter, I'd think you'd be upset that the court records show that you are being sued in a foreclosure suit," he said. Irby said the summonses also created a lot of paperwork at considerable time and expense, with taxpayers footing the bill. He said it would be easier for the lenders or their attorneys to send letters informing any tenants of the foreclosure.(1)

Source: What if your apartment complex forecloses? New law may ease the big surprise.

(1) In judicial foreclosure states, basic foreclosure law says that unless all parties holding legal interests in real property (including leasehold interests, liens, etc.) that are subordinate to a mortgage in foreclosure are served with notice of the lawsuit, those subordinate interests are not cut off and will survive the foreclosure action. For this clerk of the court to decide not to issue summonses to tenants in possession of property in foreclosure actions (and thereby abridging their due process rights) to save money seems pretty ridiculous. I also find it hard to believe that the clerk's attorney advised him to do this.