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Old 07-06-2008, 06:11 PM   #1 (permalink)
Junior Member
Join Date: Jul 2008
Posts: 2
Can I file Motion to Vacate Judgement after 30 days?

Court is set for July 9th 2008, Motion to record sale and posession. The problem is I was not aware of the judgement awarded in Nov. of 07, nor the fact that a court proceeding was held that day. Lender has had me truly beliving I was either in repayment status,or modification, accepting payments, faxing,mailing,& phoning, correspondence, with no mention of all the times I now know they were in court behind my back filing foreclosure orders(court docs brought to my attention 5 days ago). The only official doc I received, was a summons of complaint in sept of 07, to which I immediately called lender, agreed upon arrangements, and was told there was no need to file an answer. There was no reason for me to doubt that @ the time. Besides, I disputed the allegations of deficency also, but was warned I would loose home. little did I know that 19 days after summons received, lender in court filing date of foreclosure for 11-07, They diddnt wait 30 days. Even though i was told they d handle it. Judgement ordered,decree127955.00 when note was 114500.00, and also motion for lost doc was filed at that time. Still had no idea this was going on. 12-20-07. lender finally agreed to allow me to apply for modification, they faxed contract, isigned, faxed back and sent 3000.00. Can they accept money after they knew judgement existed? I was never allowed my due process, I havent slept in 5 days because, I have been doing research , and my loan is an interest only. 60 pymts of 1147.00
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