Motion for Reconsideration of Foreclosure Judgment
Ask the trial court to reconsider its ruling before appealing — a critical step that can resolve errors without the cost and delay of an appeal.
A Motion for Reconsideration asks the trial court to reconsider and reverse or modify its own ruling. In foreclosure cases, this motion is filed after an unfavorable ruling — denial of a Motion to Dismiss, grant of Summary Judgment for the lender, denial of a Motion to Vacate Default, or entry of Final Judgment of Foreclosure. It serves two purposes: (1) it can correct errors without the need for a costly, time-consuming appeal, and (2) in many jurisdictions, filing a Motion for Reconsideration TOLLS (pauses) the deadline for filing a Notice of Appeal — buying critical time. Grounds for reconsideration: the court overlooked or misapprehended relevant facts or controlling law, new evidence has been discovered that could not have been presented earlier, or there has been an intervening change in the law.
Purpose of This Form
- 1Ask the trial court to reverse or modify its own ruling before an appeal is necessary
- 2Correct errors of fact or law that the court overlooked or misapprehended
- 3Present newly discovered evidence that changes the outcome
- 4Toll (pause) the appellate deadline while the motion is pending
- 5Avoid the cost, delay, and risk of a full appeal
Form Sections & How to Complete
Identification of the Ruling
Specify exactly which order or judgment you seek reconsideration of: date entered, judge, and the substance of the ruling.
Grounds for Reconsideration
Clearly state the specific grounds: (1) the court overlooked or misapprehended specific facts or law, (2) newly discovered evidence (attach the evidence and explain why it could not have been discovered earlier), or (3) intervening change in controlling law. You must point to SPECIFIC errors — 'the court was wrong' is not a ground for reconsideration.
Supporting Legal Argument
Explain why the court's ruling was erroneous under the applicable law. Cite specific statutes, cases, and court rules. This is essentially a mini-brief — make it thorough and persuasive.
Proposed Corrected Order
Attach a proposed order granting reconsideration and issuing the corrected ruling.
Filing Requirements
Where to File
The trial court that issued the ruling being challenged.
Filing Fees
Motion fee: varies by court (typically $50-$150 or no fee within the existing case).
Copies Required
Original to court + copy to all parties + keep a copy.
Timing / Deadlines
DEADLINE IS STRICT: file within the time for filing a Notice of Appeal (typically 30 days) OR within a specific reconsideration deadline (may be shorter: 10-28 days in some jurisdictions). Check your state's rules — in some states, a Motion for Reconsideration must be filed within 10-20 days.
Other Appeals Forms
Related Forms
Notice of Appeal — Foreclosure Judgment
Appeals
motion-to-set-aside-judgment
Coming soon
motion-to-vacate-default
Coming soon
Frequently Asked Questions
Does filing a Motion for Reconsideration extend my time to appeal?▼
In most jurisdictions, YES — a timely Motion for Reconsideration tolls (pauses) the deadline for filing a Notice of Appeal. The appeal deadline starts running again when the motion is decided (plus any applicable extension). HOWEVER — this rule varies by jurisdiction. In some states, only certain types of post-judgment motions toll the appeal deadline. Check your jurisdiction's rules to be sure your motion will preserve your appeal rights.
What are my chances of winning a Motion for Reconsideration?▼
Motions for Reconsideration are disfavored and rarely granted. Courts have a strong interest in the finality of judgments. To succeed, you need to point to a clear, specific error — the court overlooked a key fact, misapplied controlling law, or new evidence genuinely changes the outcome. A motion that simply re-argues points the court has already considered will be denied. However, even a denied motion can be valuable if it preserves issues for appeal or buys time.
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