- Who sends it
- The lender's lawyer, filed with the court and mailed or served on you
- What it starts
- A short time to file a written response or appear at a hearing
- Do this first
- Find the response deadline and hearing date, then call legal aid today
What these motions are
A motion is a written request asking the judge to do something. In a foreclosure lawsuit, the lender usually asks the judge to enter judgment in one of two ways.
A motion for default (or for a default judgment) says you did not file an answer on time, so the lender should win without a hearing on the facts. A motion for summary judgment says the important facts are not in dispute and the lender should win as a matter of law. It usually comes with sworn statements and loan papers. If you do not respond, the judge may accept the lender's version as true.
What it does and does not mean
- It is not a judgment yet. The judge still has to rule.
- It is not an eviction, and it is not a sale date.
- It does mean the case is close to its end if you do nothing. A judgment can lead to a sale within weeks in some states.
- If your servicer received a complete loss mitigation application more than 37 days before a sale, it may not move for a foreclosure judgment or order of sale while it reviews you, while any appeal runs and while you decide on an offer. Tell the court and the lender's lawyer in writing if this applies to you.
Why answering matters, with state examples
- Iowa: if you do not answer, the lender must mail a notice at least 10 days before asking for a default. Once you answer, no judgment can be entered without another step, such as a summary judgment motion.
- Ohio: Ohio Legal Help says a court can rule against you by default in as little as 31 days. If you answered, the lender usually moves for summary judgment.
- Kentucky: a master commissioner may review the motion and hold a hearing if your answer raises a real defense.
- Connecticut: the lender can file a motion for default and a motion for judgment together. It must serve its appraisal and file a statement of what it claims you owe at least 5 days before the hearing.
- Vermont: VTLawHelp says you will not get a notice when the lender asks for a default judgment, and that you have 30 days to respond in writing to a summary judgment motion.
- Wisconsin: if you never answer, you lose the right to notice of the hearing to confirm the sale.
- New York: if you never answered or appeared, the lender does not have to tell you about the auction. Going to the first settlement conference gives you 30 more days to answer.
- Delaware: answers often must be sworn, and the lender must file a sworn statement that you had a chance to apply for loss mitigation before judgment. In New Mexico the lender must certify it is not negotiating with you before a judgment on an owner-occupied home.
Deadlines to answer the original lawsuit are on the summons and complaint page. Deadlines to respond to a motion are set by your court's rules and the notice that came with the motion, so read it closely or ask the clerk.
What to do this week
- Find the hearing date and the response deadline on the motion or the notice of hearing. Write them down.
- Call legal aid or a foreclosure lawyer today. Bring the motion, the complaint, your answer if you filed one, and your loan papers. See lawyers by city and your state's page.
- If you never answered, ask whether you can still file a late answer or ask the court to set aside a default. In Illinois, a motion to vacate a default judgment is more likely to be granted if filed within 30 days.
- File a written response if you have one, and send a copy to the lender's lawyer as the court requires. Many court self-help centers have forms.
- Go to the hearing, even if you are working on a deal with your servicer.
- Keep your loss mitigation application moving and keep proof of every paper you send.
Scams tied to court motions
- Anyone who asks for a fee before you have signed an agreement with your servicer. A company that is not your lawyer cannot charge for mortgage relief until then.
- Anyone who tells you to stop talking to your servicer, your housing counselor or your lawyer.
- Anyone who wants payment by wire, cashier's check or a payment app, or who asks you to sign over your deed.
- Anyone who says they are with the government or your lender without proof. Call the number on your own statement or letter to check.
- Anyone who is not a licensed lawyer offering to "handle" your court case or file papers for a fee.
A lawyer licensed in your state who represents you is different from a "foreclosure consultant". Check a lawyer's license with your state bar. See foreclosure rescue scams.
What it is called in your state
How much time do you have? It depends on your state.
See the foreclosure timeline, deadlines and free local help for the state where the home is.
Common questions
Do I need a lawyer to respond?
You can respond on your own, but a summary judgment response often needs sworn statements and legal arguments. Legal aid groups help homeowners with this for free. Call as soon as you get the motion.
I am working on a loan modification. Do I still have to respond?
Yes. Talking to your servicer does not stop court deadlines. Respond and go to the hearing, and tell the court about your pending application.
What happens if the judge grants the motion?
The judge enters a judgment that usually orders the home sold. See judgment of foreclosure for the clocks that start next.
Keep reading
- Late notice and early intervention letterThis letter is a warning, not a foreclosure. Federal rules make your servicer reach out early and tell you about help. In most cases a foreclosure cannot start until you are more than 120 days behind, so this is the best time to act.
- Breach letter (demand or notice of intent to accelerate)A breach letter says you are in default and gives you a date to catch up. If you do not, the lender can call the whole loan due and move toward foreclosure. Many standard mortgages and deeds of trust require at least 30 days to cure.
- Notice of defaultIn many states that foreclose without a court, a recorded notice of default is the official start of the foreclosure. It is not a sale and not an eviction. It starts a waiting period before a sale can be set, and you can usually still catch up or apply for help.
- Notice of intent to forecloseMany states make the lender send a warning letter before it can start a foreclosure. These letters often give you a set number of days, a cure amount and a list of free counselors. The deadline in the letter matters, so act on it now.
- Lis pendens (notice of pendency)A lis pendens is a public notice, filed in the land records, that a lawsuit or foreclosure affecting your home is pending. It does not mean the home is sold or that you must move. It usually means the court papers are coming or have already been served.
- Foreclosure summons and complaintA summons and complaint means the lender has sued to foreclose. You have a short, firm deadline to respond in writing, often 20 to 30 days from the day you were served. Missing it can let the lender win without your side being heard.