Vacating a Default Judgment

• Author: Rebecca A. Taylor
• Pages: 113-116

Vacating a Default

Judgment

Chapter 14

113

An issue that many foreclosure defense attorneys face when first

coming into a case is a default judgment against their client, be-

cause many homeowners are scared and overwhelmed by the fore-

closure action and have taken no action in the case other than hiring

you. If a defendant is served with a complaint and does not file a

response with the court within the time specified (usually 20 days),

a default judgment may be entered against the non-responding de-

fendant. The bank in a foreclosure case will view a default judg-

ment against the homeowner as a positive result, because it will be

able to push for summary judgment and sale of the subject property

much sooner. After a default judgment has been entered, the de-

faulted party has waived its right to defend against an action, ex-

cept as to unliquidated damages.1 However, default judgments will

often be vacated; courts generally maintain a policy of deciding

cases on their merits rather than technicalities.2

Among attorneys, it is usually common courtesy, if you know

that a party is represented by counsel, to follow up with opposing

counsel if they have not filed a document by a certain deadline.

1. See Kaplan v. Morse, 870 So. 2d 934, 936 (Fla. 5th Dist. Ct. App.

2004).

2. Johnson v. Johnson, 845 So. 2d 217, 220 (Fla. 2d Dist. Ct. App. 2003).