A judgment refers to the court’s final decision. When someone says a judgment has been made, it means that the court has decided the outcome of the case. In a foreclosure case, once a judgment is entered, your options to stop foreclosure are limited. One option to stop foreclosure after a judgment is to file a motion to vacate the judgment.
So, what does “vacate a judgment” mean? This is when the court is asked to reconsider its decision and give you another chance to defend your case. In foreclosure cases, you can either file a motion to vacate a default judgment or final judgment, depending on where you are in the foreclosure process.
If your foreclosure case has already reached a judgment, it is important to act quickly. Timing is everything when it comes to filing a motion to vacate judgment to stop foreclosure.
Contact Denbeaux & Denbeaux today to schedule a free consultation and learn how we can help you file a motion to vacate judgment to protect your home from foreclosure.
What is a Vacated Judgment?
In legal terms, the word vacate means to nullify or cancel a prior court order, and a motion is a formal legal request. Put together, a motion to vacate a judgment is a formal legal request asking the court to set aside or cancel its previous decision.
It’s important to understand how this differs from an appeal, which is when a higher court reviews a lower court’s decision. A motion to vacate judgment asks the same court that entered the judgment to reevaluate its own decision.
You cannot file a motion to vacate simply because you don’t like the outcome of your case. You must show valid legal reasons to vacate a judgment, which we will cover in more detail throughout this article.
Types of Judgments in Foreclosure
There are different types of judgments in legal cases. The two most common types in foreclosure cases are default judgments and final judgments.
A default judgment happens when one party doesn’t respond to a notice or appear in court. In foreclosure, this occurs if the homeowner doesn’t answer the Notice of Intent (NOI) by the deadline. When a borrower doesn’t respond to the NOI, they forfeit their rights to defend their foreclosure case, so it becomes a streamlined foreclosure process.
A final judgment is issued at the end of the court proceeding. In a foreclosure case, the judge determines the amount owed to the lender and grants permission for the lender to schedule a sheriff’s sale for the property to be sold.
Understanding the difference between the two types of judgments is important because it impacts your legal defense if you want to file a motion to vacate judgment.
Legal Grounds to File a Motion to Vacate Default Judgment
Knowing how to vacate a default judgment starts with understanding the legal grounds the court will consider. Because default judgments are issued when a homeowner doesn’t respond to an NOI or appear in court on time, to vacate the default judgment, you have to show there was a valid reason for your absence and that you have a strong legal defense to the foreclosure.
In legal terms, this means providing both excusable neglect and a meritorious defense.
- Excusable Neglect: You must show that you missed the deadline because of an unavoidable circumstance. This could include having a serious illness, mail delivery issues, or other reasons outside of your control that explain your absence.
- Meritorious Defense: You must show that you have a strong legal argument that could change the outcome of the case if it were reopened. This could include errors in the lender’s calculations, improper notice, or a void judgment.
So if you are asking, “Can a default judgment be reversed?” the answer is yes, it is possible. If you can show excusable neglect and meritorious defense, you can file a motion to vacate the default judgment and ask the court to reopen your case to reverse the outcome.
Legal Grounds to File a Motion to Vacate Final Judgment
You cannot file a motion to vacate a final judgment just because you disagree with the court’s decision. To vacate, you have to show your situation falls within a legal exception to the final judgment rule.
Some legal grounds that justify filing a motion to vacate a final judgment include:
- The decision was wrong or unfair
- You believe the amount owed was calculated incorrectly
- New evidence was discovered that could change the outcome of the case
- Fraud or errors by the lender (miscalculations, inadequate notice, or failure to follow the legal foreclosure process)
- A void judgment, where the court lacked jurisdiction or violated your due process rights
- If the debt was settled or paid before judgment was entered
If you are unsure if you have legal grounds to file a motion to vacate a final judgment, reach out to a foreclosure attorney. An experienced attorney can help you understand your foreclosure rights and whether you have grounds to vacate the final judgment.
How Do You Vacate a Judgment?
Below is the process of vacating a default judgment:
- Identify Grounds: Show excusable neglect (why you missed the deadline) and a meritorious defense (why your case should be reopened). Collect documents to support your claim, like proof of payments, medical records, or notices.
- Prepare and File Motion: Complete the required forms, attach supporting documents, pay the $50 filing fee, and file with the court.
- Serve All Parties: Deliver copies to the lender and other parties on time.
- Respond to Opposition: Be prepared for the lender to file opposition papers.
- Attend Hearing: Appear in court, present your case, and explain why the judgment should be vacated.
- Court’s Decision: The judge may grant, deny, or modify the judgment, or delay the sheriff’s sale.
If the court denies your motion, you can appeal a default judgment under certain circumstances. Working with an attorney who has successfully vacated foreclosure judgments can help you navigate this process.
Why Work with a Foreclosure Attorney
Being granted a motion to vacate a default judgment or final judgment can be difficult, but it is possible. Because this is one of your last defenses to save your home from foreclosure, it’s important to work with an experienced attorney who knows how to fight a default judgment.
Even if you’ve received a final judgment, you may still have options to protect your home. Contact us today to schedule a free consultation and learn how we may be able to help you save your home.
