If a default judgment for foreclosure is entered against you, and you have a reason for not filing your Answer and Appearance, you can ask the judge to vacate or set aside the judgment. To do this, you must file a Motion to Vacate Default Judgment.
Generally, in the motion you must show a good reason for not appearing or answering. You must show that you acted with due diligence. You must also show why the judgment harms you. If you wait a long time before you request the judgment be set aside, it is less likely the judge will grant your request.
The procedural steps and legal requirements for filing a Motion to Vacate Default Judgment are as follows:
- Should be filed within 30 days of the order of default
- Can be filed beyond 30 days, but it is much less likely to be granted and will require an additional fee
- Cannot be filed after the home has been sold
The Motion to Vacate Default Judgment should include the following paperwork:
- A copy of the order of default entered by the judge. The order will be attached as an exhibit.
- A copy of any current loss mitigation process to save the home. Examples of loss mitigation include:
- A loan modification with the bank;
- Applying for Illinois Hardest Hit program; or
Updated: May 2018