Plaintiff's Motion to Vacate the Final Summary Judgement-Does this mean that the whole case is withdrawn or Just the parts of it

Asked over 1 year ago - Coral Springs, FL

Foreclosure-Chase got a default judgement against me and got a sale date but before the sale of the house, they cancelled it and submitted in to the court that their paperwork was tainted - Robo Signing. And as it was a default judgement, I appealed it and the Appeal Judge in his Opinion said,"Due to the possibility that Chase's affidavits were signed by improper personnel, we remand this case and direct the trial court to limit its considerations to whether the affidavits filed in this case were based on the personal knowledge of the affiants. Now Chase has filed a Motion to Vacate the Final Judgement. Does this mean that the whole case is pulled out and the Bank has to start all over again or do they have to Just fix the ROBO issue and carry on with the foreclosure. Cash for keys offered

Attorney answers (2)

  1. Thomas Fred Meyer

    Contributor Level 10

    1

    Lawyer agrees

    Answered . A lawyer would have to review the motion and your order on appeal to be sure what happened. It seems like Chase wants to keep the same case open and they don't want to waste time going to trial as the appellete court ordered. They would rather give up (vacate) their judgment and start over from that point meaning they will correct whatever problems there might have been with their affidavits and then re-file a second motion for summary judgment, giving you a second opportunity to respond and avoid a default. I don't know how much money you want for the keys, but you should now have some leverage to bargain with. You might want to speak with a trial lawyer, maybe you want to oppose Chase's motion (if possible) and go to trial on the faulty affidavits. Win at trial, then - case dismissed - Chase would then have to re-file a new lawsuit. Time is money.........

  2. Will Murphy

    Contributor Level 15

    Answered . You already have received some good information. Make sure to have someone review any settlement, particularly as it relates to any deficiency or claims like attorney's fees and costs.

    There is no substitute for the professional advice of an attorney who knows your case and represents you. My post... more
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