In legal terms, a judgment is a decision settled by the court in a court case. In the foreclosure process, the final judgment is the court order that sets the precise number amount due to the lender and gives the lender the right to schedule a short sale. If you believe the final judgment was entered in error, or that you have a defense to the foreclosure, of the amount of the final judgment is wrong., a motion to vacate Final Judgement can be filed with the Court.
It is essential to understand that a motion to vacate a final judgment is not similar to an appeal. This requests a higher court to change the decision made by the previous court, while a motion to vacate a judgment is made to the same court that entered the original judgment.
In order to have a judge vacate a final judgment, you need to show excusable neglect for not coming to court sooner and you should also give a Meritorious Defense. One of the most common reasons the court will issue a motion to vacate is that you never received a complaint. Motions to vacate final judgement can be filed if the lender makes an error in the foreclosure documentation.
For information on foreclosure defense call us at (877) 399 2995. We offer litigation document review support, mortgage audit reports, securitization audit reports, affidavit of expert witness notarized, and more.