How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JB Umphrey Your Own Question

JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience:  Explains legal matters based on 14+ years experience.
14211116
Type Your Legal Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

THE JUDGE DENIED MY MOTION TO VACATE DEFAULT JUDGEMENT OF FORECLOSURE ON

Resolved Question:

THE JUDGE DENIED MY MOTION TO VACATE DEFAULT JUDGEMENT OF FORECLOSURE
ON JUNE 17 2010, HE STATED THE COURT FINDS NO EVIDENCE OF DILIGENCE OR A
MERITORIOUS DEFENSE.

NOW, WHATS MY NEXT SUBJECT, "DEFENDANTS RESPONSE TO COURT ORDER
DENYING MOTION TO VACATE DEFAULT JUDGEMENT OF FORECLOSURE, (give
me pursuant to: (the Civil Code of Procedure for Illinois) or (Supreme Court Rule)

How Do I Know if this Court/Judge Had " Subject Matter Jurisdiction, how do I
determine when there is not sufficency of Pleadings to fully establish the court
having subject matter jurisdiction. Is this a Void Judgment?
Submitted: 4 years ago.
Category: Legal
Expert:  JB Umphrey replied 4 years ago.
Thank you for using JustAnswer!

If the judge denied your motion to vacate the default judgment, then your next step is to appeal the case to the next higher court.

To determine if the court had subject matter jurisdiction, you look to the allegations in the original complaint.

The facts that you describe do not suggest that the judgment is void.

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 12 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

I thought the next step would be to file a motion to "Reconsider Motion to Vacate

Default Judgement of Foreclosure giving evidence of a meritorious defense.

Expert:  JB Umphrey replied 4 years ago.
If your perspective is that you simply disagree with the judge's decision, then an appeal is the proper step.

If your perspective is that the judge made a legal error (e.g., applied the wrong law), then a motion for reconsideration would be proper. However, a motion for reconsideration cannot be filed if it's simply to re-assert arguments already considered by the court. And a motion for reconsideration cannot be used as a vehicle to submit NEW evidence to the court for consideration if that evidence had existed (but simply was not presented) at the time of the original decision.

Hope this helps.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 12 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
JB Umphrey
JB Umphrey
Attorney & Counselor
10010 Satisfied Customers
Explains legal matters based on 14+ years experience.