There are no fixed standards to determine the type of mistake, surprise, or excusable neglect that would warrant the setting aside of a default judgment. The court's decision to set aside a judgment on any of these grounds turns upon the unique factual background of each particular case. However, mistake, inadvertence, and excusable neglect that warrants relief from a default judgment require some justification for an error beyond mere carelessness or ignorance of the law of the party or his or her attorney.
Montana Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect
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How to fill out Affidavit Supporting Notice Of Motion For Vacation Or Setting Aside Of Default Judgment Due To Mistake, Inadvertence, Surprise, Or Excusable Neglect?
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FAQ
In the context of mortgage foreclosure, a notice of default is a formal notice that a lender filed with courts to notify the borrower who has failed to make payments that the lender intends to conduct a sale foreclosure.
Usually by the third missed payment the lender will enter a notice of default. Also, the lender will charge you for costs to prepare the legal papers. So now you have legal fees, late fees, and your late payments to pay. Next, the mortgage lender will publish a notice of foreclosure, called a Notice of Trustee's Sale.
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
Technically speaking, a notice of default is not a foreclosure. Instead, it serves as notice that you are behind in your payments and that your property may be sold as a result of foreclosure if you don't act soon.
If the Defendant does not file a proper written answer within 20 days, Plaintiff is entitled to a Default Judgment. It is the Plaintiff's responsibility to file a written motion for a Default Judgment and attach an Affidavit of Amount Due. A judgment fee is not required for a Default Judgment.
Rule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including ?mistake, inadvertence, surprise, or excusable neglect.? Fed.
Redemption means paying off the loan, plus interest and costs, to get your property back after the foreclosure sale. In Montana, there is no right of redemption after a non-judicial foreclosure sale. However, if your lender forecloses judicially, you have 1 year after the sale to redeem your property.