Can a Motion Filed Incorrectly by a Bank or Without Reason be Quashed?

Perhaps your bank has filed a motion incorrectly, or perhaps they have filed one without apparent reason in your eyes. You might be wondering if such a motion can be quashed and, if so, how would you go about doing it. There are
many options for treating such a situation based upon the specifics of each scenario, but we’ve provided a couple of pointers below to get you moving in the right direction.

The most reiterated advice for quashing a motion filed by a bank is to find a lawyer who is acquainted with the type of situation you’re facing. The language and information of these types of motions tend to be highly technical and require an experienced eye to catch the flaws, loopholes, and solutions. Seeking out counsel who is knowledgeable of the situation’s necessities will save a lot of time and heartache in the end. Your lawyer will need to be experienced in the right of action you have against the bank in the circumstance. They will also be needed to oppose the rescheduling of the sale if the instance calls for it.

While your rights are undeniable, judges tend to treat these situations quickly and aggressively. Having a skilled lawyer who has managed similar scenarios will ensure proper representation in court and enforcement of your rights.

Another advisement against a bank’s motion suggests self-representation in court under the circumstance that you have followed through with all modification payments and can provide proof. Often there is a disconnect in communication between bank departments, which could result in an incorrect motion. Proving that you have made all required payments, your objection to the motion should face little opposition in court.

Stephen K. Hachey, a Florida foreclosure attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.