At the Law Office of Ira J. Metrick, we receive and review all Court notices for our clients during the New Jersey Foreclosure Process. We also provide written explanations of the notices and answer questions about how they affect the foreclosure, including the Motion to Vacate Final Judgment.
What is a Motion to Vacate Final Judgment?
A judgment, in legal terms, is a decision that is settled by the court in a court case. In foreclosure cases, the Final Judgment is the Court Order that sets the exact amount due to the lender and gives the lender the right to schedule a Sheriff Sale. If you believe that the final judgment was entered in error, or that you have a defense to the foreclosure, or the amount of the Final Judgment is wrong, a Motion to Vacate Final Judgment can be filed with the Court.
It is important to know that a motion to vacate a final judgment is not the same as an appeal. An appeal is a request to a higher court to change the decision made by a lower court, whereas a motion to vacate judgment is made to the same court that entered the original judgment.
To fully understand the timeline of the foreclosure process and when a final judgment is entered, see our breakdown of the NJ Foreclosure Timeline.
When Will the Court Grant a Motion to Vacate Final Judgment?
In order to have a Judge Vacate a Final Judgment, you must show “Excusable Neglect” for not coming to Court sooner, and you must also show a “Meritorious Defense.” One of the most common reasons the court will grant a motion to vacate final judgment is that you were never served with the Complaint. Motions to Vacate Final judgment can also be filed if the lender makes a mistake in the foreclosure paperwork, or if the lender applies for a Final Judgment while you are being reviewed for a loan modification or short sale.
At the Law Office of Ira J. Metrick, we can review your case and determine whether a motion to vacate final judgment is an option for you.
Each notice you receive can affect the foreclosure process. If you need representation in the foreclosure, or need to know what a specific notice means, the Law Office of Ira J. Metrick can assist you by explaining them to you. We also offer representation to receive all of your notices in our office, and then forward them to you with explanations.