What statutes govern the general rules for service of process on commercial foreclosures?
Fla. Stat. Chapters 48 and 49, and Fla. R. Civ. P. 1.070. If personal service of process cannot be accomplished, Fla. Stat. Chapter 49 authorizes constructive service of process (i.e. service by publication) in foreclosure actions. However, there are certain prerequisites to constructive service. Constructive service can only be made, however, after diligent search and inquiry is undertaken to locate the defendant and after that investigation is verified through an appropriate affidavit. Courts require very strict compliance with the procedures for service by publication set forth in Chapter 49, and construe the provisions of that statute against a plaintiff seeking service of process under it. In general, in order for a defendant to be served by publication, Chapter 49 requires the plaintiff (or plaintiff’s counsel) to file a sworn statement meeting the statutory requirements. Section 49.041 sets out such requirements for the sworn statement if the defendant is a natural person; Secti
