An Illinois Getting Started Motion to Vacate Default Judgment of Foreclosure is a legal document used to request the court to vacate (set aside) a foreclosure default judgment. Such a motion is filed by a homeowner when they believe they have a valid defense to foreclosure and want to contest the foreclosure proceedings. There can be several types of Illinois Getting Started Motion to Vacate Default Judgment of Foreclosure, depending on the circumstances of the case. These include: a Motion to Vacate Default Judgment of Foreclosure based on Lack of Service, a Motion to Vacate Default Judgment of Foreclosure based on Non-Compliance with the Mortgage Agreement, a Motion to Vacate Default Judgment of Foreclosure based on Inadequate Notice of Default, a Motion to Vacate Default Judgment of Foreclosure based on Inadequate Notice of Sale, and a Motion to Vacate Default Judgment of Foreclosure based on Improper Proceedings. Each Motion must provide the court with a detailed explanation of the homeowner's defense and the specific relief requested.
Illinois Getting Started Motion to Vacate Default Judgment of Foreclosure
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FAQ
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 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.
A default judgment grants the relief sought in the plaintiff's complaint against the defendant. It is enforceable, just like a judgment order entered after a trial. After a default judgment is entered, the plaintiff must send notice of the judgment to the party that has been defaulted.
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.
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.
Generally, the court will vacate an order or judgment within 30 days ?upon any terms and conditions that shall be reasonable.? Larson, 349 Ill.
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.
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.