What are the consequences of vacating a judgement of foreclosure to the defendants?

UPDATED: Jul 29, 2011

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What are the consequences of vacating a judgement of foreclosure to the defendants?

Our home was foreclosed 15 months agoand we were told they were selling it at auction at that time. A year later we found another place to live and moved (3 months ago). Now they have filed a motion to vacate the judgement of foreclosure and dismiss the case. What does this mean to us? What are our responsibilities now?

Asked on July 29, 2011 Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From your question, it seems for some reason the company that foreclosed upon your home fifteen months ago now wants to set aside the order of foreclosure for reasons unknown in your question.

You need to go down to the court house and read the file on the foreclosure proceeding against you and the reasons for the new motion. Potentially the person who foreclosed realizes that there was a problem in the process for chain of title purposes or there is some ulterior motive where if in the foreclosure you were not responsible for any deficiency in the sale that the new motion is designed to hold you responsible for a loan deficiency.

It sounds to me that it is in your best interests to consult with a bankruptcy attorney about this new motion.

Good luck.

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