An Illinois Notice of Motion to Vacate Default Judgment of Foreclosure is a document filed by a homeowner in the state of Illinois in order to have a default judgment of foreclosure vacated (or reversed). It is typically filed after a foreclosure has already been initiated on the homeowner’s property due to failure to make payments on the loan. The Notice of Motion to Vacate Default Judgment of Foreclosure is a formal request to the court to reverse the foreclosure and allow the homeowner to remain in their home. There are two types of Illinois Notice of Motion to Vacate Default Judgment of Foreclosure: one for regular foreclosure proceedings and one for judicial foreclosure proceedings. In the case of a regular foreclosure, the Notice of Motion to Vacate Default Judgment of Foreclosure must be filed with the clerk of the circuit court in the county in which the property is located. In the case of a judicial foreclosure, the Notice of Motion to Vacate Default Judgment of Foreclosure must be filed with the clerk of the court in which the foreclosure proceedings were initiated. In both cases, the Notice of Motion to Vacate Default Judgment of Foreclosure must include the homeowner's name and address, the date of and reason for filing the motion, and any other information the court may require.
Illinois Notice of Motion to Vacate Default Judgment of Foreclosure
Description Motion To Vacate Foreclosure Sale
How to fill out Illinois Notice Of Motion To Vacate Default Judgment Of Foreclosure?
US Legal Forms is the most simple and affordable way to find appropriate legal templates. It’s the most extensive web-based library of business and individual legal paperwork drafted and checked by lawyers. Here, you can find printable and fillable blanks that comply with national and local regulations - just like your Illinois Notice of Motion to Vacate Default Judgment of Foreclosure.
Obtaining your template takes only a few simple steps. Users that already have an account with a valid subscription only need to log in to the web service and download the form on their device. Afterwards, they can find it in their profile in the My Forms tab.
And here’s how you can get a professionally drafted Illinois Notice of Motion to Vacate Default Judgment of Foreclosure if you are using US Legal Forms for the first time:
- Look at the form description or preview the document to make certain you’ve found the one corresponding to your requirements, or find another one using the search tab above.
- Click Buy now when you’re certain about its compatibility with all the requirements, and select the subscription plan you like most.
- Register for an account with our service, log in, and purchase your subscription using PayPal or you credit card.
- Decide on the preferred file format for your Illinois Notice of Motion to Vacate Default Judgment of Foreclosure and save it on your device with the appropriate button.
Once you save a template, you can reaccess it whenever you want - just find it in your profile, re-download it for printing and manual completion or upload it to an online editor to fill it out and sign more effectively.
Take full advantage of US Legal Forms, your trustworthy assistant in obtaining the corresponding formal documentation. Give it a try!
Vacate Default Judgment Illinois Form popularity
Default Judgment File Other Form Names
FAQ
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.
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.
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.
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.
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 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.