In Illinois, a homeowner can ask the court to vacate a default judgment of foreclosure. This can be done by filing a motion with the court. The motion should include relevant facts such as the date and amount of the default judgment, the reasons for the delay in bringing the motion, and any defenses to the foreclosure. The motion must be accompanied by an affidavit stating the facts, and must be served on the plaintiff and mortgage holder. There are two types of Illinois How to ask the Court to Vacate a Default Judgment of Foreclosure. The first type is if the homeowner received service of the foreclosure complaint, but failed to answer or appear in court. The second type is if the homeowner was never properly served with the foreclosure complaint. In either situation, the homeowner can file a motion to vacate the default judgment.
Illinois How to ask the Court to Vacate a Default Judgment of Foreclosure
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How to fill out Illinois How To Ask The Court To Vacate A Default Judgment Of Foreclosure?
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FAQ
A motion for default judgment is an official court document filed by a creditor or debt collector (known as the plaintiff to the case), notifying the court that the person being sued (known as the defendant) never responded to the case Summons and Complaint.
A default judgment occurs in Illinois civil cases when the defendant has been properly served with a complaint and summons and has failed to file an answer to the complaint by the first court date or to appear in court for the first court date.
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.
You cannot appeal this kind of judgment and have a new trial until you ?vacate the default judgment?, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following: 1. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.
Although a default judgment is enforceable like a judgment entered after a trial, a default judgment may be vacated, unlike a judgment that is entered after a trial.
Generally, the court will vacate an order or judgment within 30 days ?upon any terms and conditions that shall be reasonable.? Larson, 349 Ill.
2-1301. Judgments - Default - Confession. (a) The court shall determine the rights of the parties and grant to any party any affirmative relief to which the party may be entitled on the pleadings and proofs. Judgments shall be in the form required by the nature of the case and by the recovery or relief awarded.
You may bring a motion to reconsider within thirty days if the court has made an error in applying the law. Therefore, a motion to reconsider is not a weapon to be used to change the court's mind. It is a tool for the rare instances where new evidence comes to light, the law changes, or the court has made a mistake.