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JB Umphrey
JB Umphrey, Attorney
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Experience:  Explains legal matters based on 14+ years experience.
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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: 6 years ago.
Category: Legal
Expert:  JB Umphrey replied 6 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 and 5 other Legal Specialists are ready to help you
Customer: replied 6 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 6 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 and 5 other Legal Specialists are ready to help you

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