An Illinois Order to Vacate Default Judgment of Foreclosure is a court order that can be used to set aside a foreclosure sale, reinstate the mortgagor's right to redeem the mortgage, and void the foreclosure judgment. It is issued by the court when the mortgagor has been denied their right to a fair foreclosure process, such as when the lender failed to properly serve the Notice of Default or when the foreclosure was filed prematurely. There are two types of Illinois Order to Vacate Default Judgment of Foreclosure: 1) a "Motion to Vacate Default Judgment of Foreclosure" and 2) a "Stipulated Motion to Vacate Default Judgment of Foreclosure." The Motion to Vacate Default Judgment of Foreclosure is typically used when the mortgagor has not been able to make payments on their mortgage and the lender has already begun the foreclosure process. The Stipulated Motion to Vacate Default Judgment of Foreclosure is usually used when the mortgagor and the lender have come to an agreement, such as a loan modification or forbearance agreement, and want to set aside the foreclosure judgment without going through the full foreclosure process.
Illinois Order to Vacate Default Judgment of Foreclosure
Description Order Vacate
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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.
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.
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 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.
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.