What is a Motion to Quash in the Florida Foreclosure Process?
When the Foreclosure process in Florida begins, a bank or servicer files a lawsuit against a homeowner and very specific rules governing notice of that lawsuit proscribe the various procedures that a bank or servicer must follow. Usually, a summons alerting a homeowner of the lawsuit against them will be physically handed to a resident of the subject property. If the bank or servicer cannot locate a named defendant/homeowner to personally hand the lawsuit, they can serve notice by publishing notice of the lawsuit in a newspaper and subsequently mailing the foreclosure complaint to the homeowner.
What Defenses are Raised in a Motion to Quash?
If an attorney reviews the summons and complaint and determines that there are deficiencies in the manner in which the bank served the homeowner, a motion to quash or to contest the service can be filed. As described in our post on the Florida Foreclosure Process and service of process, deficiencies can include a number of problems, including
failing to notate the proper information on the cover of a summons, failing to comprehensively search for a homeowner’s secondary or tertiary address, failing to physically hand the summons to a homeowner and many more deficiencies.
A motion to quash filed by your Florida foreclosure attorney can raise any number of these issues. The Court’s jurisdiction or ability to make substantive judgments on the homeowner’s case should be suspended until the issues regarding service of process are resolved. Often times, the issues raised can result in an evidentiary hearing questioning the bank or servicer’s process server’s version of events.
How Can an Attorney at KNZ Law Help Me With Service of Process Issues?
The Florida Foreclosure Attorneys at King, Nieves & Zacks have handled hundreds of foreclosure cases and have been personally involved in precedent-setting cases revolving around service of process issues. Properly serving homeowners is a serious issue that ensures that homeowners are aware a foreclosure case has been filed against them. The attorneys at KNZ Law will be able to quickly and accurately tell you whether a problem exists in service of your lawsuit. From there, we can map out a strategy to optimize the chances of making sure the bank has to comply with proper procedures.
The KNZ Law difference, setting us apart from other Florida foreclosure law firms, is that we will never pawn your work off on inexperienced associates or unlicensed, pompous paralegals. Your home is too important to risk on a firm or attorney that allows presumptuous and untrained paralegals to have any say in strategic matters, on a firm that lets inexperienced associates litigate your case, or on a firm that gives you any hassle whatsoever about speaking directly to your attorney. At KNZ, we will work directly on the settlement that you want and need, rather than litigating endlessly and pointlessly.