If you did not file an answer and appearance in your foreclosure case and a default judgment is entered against you, you may still be able to vacate the judgment by filing a motion to vacate default judgment.

What is a Motion to Vacate Default Judgment?

A motion to vacate asks the judge to set aside the judgment that was entered against you. This motion must provide a valid reason for not appearing or answering the foreclosure case; demonstrate due diligence on your part; and show how the judgment has caused harm to you. The more time that has passed since the judgment was entered, the less likely it is that the judge will grant your request.

When should you file a Motion to Vacate?

Ideally, a motion to vacate should be filed within 30 days of the default judgment. Nonetheless, for an additional court fee, a motion to vacate can still be filed after 30 days have passed, however it is less likely the judge will grant the motion. A motion to vacate cannot be filed after the home has already been sold. The underlying motion itself should include a copy of the order of default entered by the judge, as well as any documentation related to any current loss mitigation efforts, such as a loan modification with the bank or participation in the Illinois Hardest Hit program, or reinstatement.

What are some common reasons to vacate a default judgment?

Some of the common reasons why judges vacate default judgments include:

1. Lack of proper service: If you were not properly served with the foreclosure complaint
2. Mistake, inadvertence, surprise, or excusable neglect: If you did not respond to the foreclosure complaint because of a mistake, inadvertence, surprise, or excusable neglect
3. Fraud, misrepresentation, or misconduct by the lender: If the lender engaged in fraud, misrepresentation, or misconduct during the foreclosure process

It is important to note that these are just a few examples of how to overcome a default judgment in Cook County, and that the particular facts and circumstances of each  case dictate which options are available to the homeowner.

If you would like to learn more about vacating a default judgment, an experienced attorney can help you navigate the process. At The Law Center, we are a team of specialists that are passionate about the foreclosure process from start to finish and helping homeowners at the highest level. Our staff and attorneys approach each client and each property as a new challenge, one that requires thorough analysis, zealous representation, and thoughtful strategy. It’s your home, let The Law Center help you defend it.

Call us now and speak with a foreclosure expert on how you can make the foreclosure process work for you -- not against you. (312) 600-8815

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