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    K-ROB's Avatar
    K-ROB Posts: 3, Reputation: 1
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    #1

    Mar 23, 2010, 04:22 PM
    What is an order to vacate final judgment of foreclosure
    My home is currently in foreclosure and I received a letter from the attorney representing the bank which was an ex-parte motion to vacate final judgement of foreclosure. The judge granted the motion but I don't know what that means.
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    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 23, 2010, 04:29 PM
    A copy of the motion was included with the letter?


    final judgment of foreclosure:     that would be the main order sought in the foreclosure case. "Final" means not preliminary.

    ex parte: can have several meanings. Sometimes it means a motion which is not served on you. Since you received it, it could also mean that it doesn't require that you be given time to oppose it. Or, apparently, in some jurisdictions it means that a hearing is not required.

    vacate: to "undue" the judgment.

    Perhaps for some reason the attorney figures the judgment needed to be un-done, and a corrected judgment substituted for it. Some technical defect: wrong legal description perhaps?
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    #3

    Mar 23, 2010, 04:34 PM

    A copy of the motion was included and it asks the judge to withdraw original documents and substitue copies therin and it states for the reason that the plaintiff and defendant have agreed to a loan modification. However, the bank says my file is under review and I'm confused about what all this means.
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    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Mar 23, 2010, 07:35 PM
    Quote Originally Posted by K-ROB View Post
    A copy of the motion was included and it asks the judge to withdraw original documents and substitue copies therin and it states for the reason that the plantiff and defendant have agreed to a loan modification. However, the bank says my file is under review and I'm confused about what all this means.
    Is a loan modification document actually attached?
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