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RobertJDFL
RobertJDFL, Attorney
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What does Motion to open and Vacate Judgement mean. Im not

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What does Motion to open and Vacate Judgement mean. I'm not clear on the vacate judgement part.
A motion to open asks the court to re-open a previously closed or decided matter, and a motion to vacate is asking the court to withdraw a previous order or judgment. A Motion to Vacate will be granted if you are able to convince the court that you did not have a fair opportunity to present your case, and they are rarely granted.

I hope this helps. If you need additional information, please click reply, and I will be happy to assist you further.

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Customer: replied 6 years ago.
Thank you, XXXXX XXXXX sure if I should go to court on Monday or not. The document said it wasn't necessary to go, but I don't trust the banks attorneys.
Customer: replied 6 years ago.
Thank you, XXXXX XXXXX't sure if I should go to court on Monday. The document said it wasn't necessary to attend, but I don't trust the banks attorneys.
Sorry, I never got notice of this reply. What type of judgment is the bank seeking to vacate? A foreclosure? Are you the homeowner?
Customer: replied 6 years ago.

Yes I'm the homeowner. Late in Aug. I requested the court to open the foreclosure to extend the law date for 6 months. He granted my request right away but didn't want to go into next year saying I could come back again if needed. He really didn't talk to the banks attorney just said yes to me. The judge was also leaving the bench not sure if he's retiring or moving to a different court.

 

I'm afraid that they are trying to push it up and I won't have the time needed to get the short sale done.

Thank you for the reply. So it sounds like the judge granted you extra time to stay in the home and now the bank is unhappy and wants to vacate that order? I would make a point of going to that hearing, regardless of what the bank attorney tells you. It's unlikely that the judge would grant such a motion (usually the are granted where a party doesn't attend a hearing or fails to respond to a lawsuit because of excusable neglect or mistake) but you want to let the judge know that you oppose vacating such an order.

Can you tell me why the bank wants the order vacated?
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Customer: replied 6 years ago.

No I'm only guessing this is what they are trying to do. I'm definitely planning on attending. Thank you!