Llamas v. SUPERIOR COURT IN AND FOR COUNTY OF PIMA

HATHAWAY, Judge.

This petition questions the validity of a service of summons by publication. Petitioner was living in a home upon which respondent Country Escrow Service held a mortgage. Petitioner failed on a payment and respondent brought a suit for foreclosure. A summons issued to be served on petitioner. Respondent filed an affidavit to invoke service by publication as provided in Rule 4(e) (1) of the Arizona Rules of Civil Procedure, 16 A.R.S. His statement of due diligence was, “Checked by process server. Unable to locate.” Publication was accomplished in the proper manner and for the…