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What does a motion to vacate judgment and dismiss case mean.

Akron, OH |

Our house was in foreclosure and we had to file chapter 7 because the mortgage co. wouldn't work with us on the back payments. The mortgage co. requested a relief from stay and it was granted. Now we received a letter that they filed a motion to vacate the judgment and dismiss the case. What does this mean and what happens to the house?

Attorney Answers 3


This means that the mortgage company is looking to remove the judgment and get the case withdrawn from the court, as though they never filed the case in the first place.

I hope that helps.


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In addition to the previous advice, you may want to find out why they vacated the judgment. If it is due to a faulty filing on their part - that may be important if they attempt to re- file the case. It is unusual for a voluntary dismissal by the lender. You might want to check with the Clerk of the Court to look at the file and see if any orders were entered by the Judge that shed light on the reasoning.

This is not legal advice and you should check with an attorney in Ohio for any legal advice.

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It means they want to cancel the judgment (for froeclosure? you do not state) and dismiss the foreclosure (?) action.

It probably means they have to refile the foreclosure action with the proper party. They will still foreclose.

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