The Bank of New York Mellon came out on the losing side of a foreclosure case over its strategy after five failed attempts to serve court papers on a corporate borrower. At issue was a “pure question of law” after a legislative change governing service of process on limited liability companies.
The question before a state judicial panel was whether a process server should focus on a company’s physical address, or its registered agent, when looking to deliver court documents. It followed a 2015 legislative change providing new guidance for serving limited liability companies, beginning with attempts to reach registered agents, then their designees, managing members and other principals.
