Process Server Bagged For Filing Affidavit Asserting 'Sewer Service' On Dead Homeowner Facing Foreclosure?

In Broward County, Florida, the South Florida Sun Sentinel reports:

• Some homeowners trying to defend themselves against foreclosure have said the lender didn’t properly serve them. And in one recent case, the homeowner wasn’t properly served because he was dead, Sunrise lawyer Andrew Dinnerstein said.
• Dinnerstein, who’s representing the family of the deceased, said in court papers that a representative of process server ProVest served the homeowner on April 21, 2011. But the homeowner had passed away Aug. 4, 2010. Dinnerstein is not identifying the man to protect the family's privacy.
• ProVest falsified a document, saying it properly served the defendant when it didn't, Dinnerstein said. "It's equivalent to perjury," he said. "The system is being abused to such an extent that people aren't even being served properly."
• When a homeowner is deceased, the lender must ask the court to assign an administrator to the case and then serve foreclosure papers to the administrator, Dinnerstein said. He will seek sanctions against the lender and ProVest. A ProVest spokesman did not immediately respond to a request for comment Monday.
• The company already is under investigation by the Florida Attorney General’s office for allegations of false returns of service under oath and forged signatures of process servers.

Source: Deceased homeowner served with foreclosure papers.