How to Vacate a Default Judgment in Foreclosure
Steps to overturn a default foreclosure judgment and get your case back on track
Overview
A default judgment in foreclosure means the court has entered judgment against you because you didn't respond to the complaint in time. This is the fastest path to losing your home — a foreclosure sale can be scheduled within 60-90 days. However, default judgments can be vacated (overturned) if you act quickly and can show: (1) a reasonable excuse for not responding on time, (2) a meritorious defense to the foreclosure, and (3) that you moved to vacate promptly after learning of the default. Courts generally prefer to decide cases on their merits rather than by default, so motions to vacate are liberally granted when the homeowner can show a good reason for the default and a real defense.
When to Use This Procedure
File a Motion to Vacate Default Judgment as soon as you learn that a default has been entered against you. Time is critical — the longer you wait, the harder it is to vacate. If a foreclosure sale is already scheduled, seek emergency relief (an order to show cause or TRO) to stay the sale while your motion to vacate is pending.
Step-by-Step Guide
Obtain the default judgment order
Get a copy of the default judgment from the court clerk. Review it to understand exactly when and why default was entered. Check the docket to see what notices you missed.
Prepare your affidavit explaining the default
Draft a sworn affidavit explaining: (1) why you didn't respond on time (illness, didn't receive service, confusion about the process, financial inability to hire counsel, servicer told you it was being handled), (2) when and how you learned of the default, and (3) that you moved promptly to vacate. Be honest and specific — vague excuses don't work.
Prepare your proposed Answer and affirmative defenses
Attach your proposed Answer as an exhibit. The Answer must state meritorious defenses — you must show the court that if the default is vacated, you have real defenses, not just delay tactics. Common meritorious defenses: lack of standing, improper service, payment errors, RESPA violations, dual tracking.
Draft the Motion to Vacate
The motion should argue: (1) the legal standard for vacating a default (most states require: reasonable excuse, meritorious defense, and promptness), (2) your specific reasonable excuse (with citation to your affidavit), (3) your meritorious defenses (summarizing the attached Answer), and (4) that you acted promptly upon learning of the default.
File and serve
File the motion, affidavit, proposed Answer, and proposed order with the court. Serve on the plaintiff's attorney. If a sale is scheduled, request emergency consideration and a stay of the sale pending resolution of your motion.
Important Deadlines
- •Move to vacate IMMEDIATELY upon learning of the default — delay weakens your case
- •Some states have statutory time limits (e.g., 1 year from entry of default) — check your state
- •If foreclosure sale is scheduled, seek emergency TRO/stay at the same time as your motion to vacate
- •Plaintiff's response to your motion typically due in 10-21 days
Common Mistakes
- ✕Waiting: every day that passes after you learn of a default makes it harder to vacate
- ✕No meritorious defense: you must show the court you have a real defense, not just that you want more time
- ✕Weak excuse: 'I was busy' or 'I forgot' are not reasonable excuses. Documented illness, lack of proper service, or servicer misconduct are.
- ✕Not attaching a proposed Answer: the court needs to see what you would have filed
How Professional Law Assist Helps
Professional Law Assist has extensive experience vacating default foreclosure judgments. We identify the strongest excuse for the default, draft comprehensive proposed Answers with meritorious defenses, and argue that justice requires deciding the case on its merits. In many cases, we can secure a stay of sale and vacate the default within weeks.
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