4.4 The Court Record

The only essential documents that must be reviewed at initial intake are those contained in the actual court record. Whether the foreclosure lawsuit is filed by ordinary or executory process, the court record should contain the original or certified copies of the note, the mortgage, all assignments, and sheriff’s returns showing personal or domiciliary service of the pleadings on the parties.

In a foreclosure suit filed utilizing executory process, there is no citation. Only the notice of seizure must be served on a defendant, and if the sale is being made with appraisal, the notice to appoint appraiser must also be served. The original petition with exhibits is not required to be served on the defendant, and it must be reviewed on the court’s website or at the courthouse.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.