House & Apartment

If a default judgment for foreclosure is entered against you, and you have a reason for not filing your Answer A written statement used to respond to the complaint or petition in a lawsuit and Appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. , 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 document introduced as evidence in a trial .
• 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 (this program stopped taking applications in April 2019); or
  • Reinstatement.

You can use our guided interview to help you prepare a Motion to Vacate Default Judgment in a foreclosure case.