Form VD-M 916.4 Motion to Vacate Default Judgment of Foreclosure - Illinois

Form VD-M916.4 is a Illinois Circuit Court form also known as the "Motion To Vacate Default Judgment Of Foreclosure". The latest edition of the form was released in March 1, 2018 and is available for digital filing.

Download a PDF version of the Form VD-M916.4 down below or find it on Illinois Circuit Court Forms website.

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This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.
For Court Use Only
STATE OF ILLINOIS,
MOTION TO
CIRCUIT COURT
VACATE DEFAULT JUDGMENT
COUNTY
OF FORECLOSURE
Instructions
Directly above, enter
the name of the county
where the case was
Plaintiff (Name of Bank or Mortgage Company)
filed.
Enter the name of the
v.
bank or mortgage
company as Plaintiff.
Enter your names as
Defendants.
Enter the Case Number
Defendants
Case Number
from the Complaint
you received.
Enter your full names
as Defendants. You
Defendants:
will be called
Your Names
“Defendants” on the
rest of this form even if
there is only one person
using this form.
You can file this
Motion by yourself or
A.
Defendants state:
with any other
1. The address of the property involved in this foreclosure case:
Defendants listed in the
Complaint you
Street Address, Apt #
received.
In A1, enter the
complete address of the
City
State
ZIP
property involved in
this foreclosure case
2. Defendants are the borrowers of a mortgage loan on the property involved in this
listed in the Complaint.
foreclosure case:
 No
In A2, check “Yes” if
Yes
you have a mortgage
loan for the property
3. Defendants live in the property involved in this foreclosure case and it is their
involved in this
main home:
foreclosure case.
 No
In A3, check “Yes” if
Yes
you live in the property
involved in this
4. The property involved in this foreclosure case is a single family home or has 1 to 4
foreclosure case.
residential units:
 No
In A4, check “Yes” if
Yes
the property involved
in this foreclosure case
is a single family home
or has 1 to 4 separate
units where people live.
In A5, check “Yes” if
5.
Defendants have already been in front of a judge about this foreclosure case::
you went to court and
Yes 
No
saw a judge in this
case about the property
involved in this
foreclosure case.
VD-M 916.4
Page 1 of 5
(03/18)
This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.
For Court Use Only
STATE OF ILLINOIS,
MOTION TO
CIRCUIT COURT
VACATE DEFAULT JUDGMENT
COUNTY
OF FORECLOSURE
Instructions
Directly above, enter
the name of the county
where the case was
Plaintiff (Name of Bank or Mortgage Company)
filed.
Enter the name of the
v.
bank or mortgage
company as Plaintiff.
Enter your names as
Defendants.
Enter the Case Number
Defendants
Case Number
from the Complaint
you received.
Enter your full names
as Defendants. You
Defendants:
will be called
Your Names
“Defendants” on the
rest of this form even if
there is only one person
using this form.
You can file this
Motion by yourself or
A.
Defendants state:
with any other
1. The address of the property involved in this foreclosure case:
Defendants listed in the
Complaint you
Street Address, Apt #
received.
In A1, enter the
complete address of the
City
State
ZIP
property involved in
this foreclosure case
2. Defendants are the borrowers of a mortgage loan on the property involved in this
listed in the Complaint.
foreclosure case:
 No
In A2, check “Yes” if
Yes
you have a mortgage
loan for the property
3. Defendants live in the property involved in this foreclosure case and it is their
involved in this
main home:
foreclosure case.
 No
In A3, check “Yes” if
Yes
you live in the property
involved in this
4. The property involved in this foreclosure case is a single family home or has 1 to 4
foreclosure case.
residential units:
 No
In A4, check “Yes” if
Yes
the property involved
in this foreclosure case
is a single family home
or has 1 to 4 separate
units where people live.
In A5, check “Yes” if
5.
Defendants have already been in front of a judge about this foreclosure case::
you went to court and
Yes 
No
saw a judge in this
case about the property
involved in this
foreclosure case.
VD-M 916.4
Page 1 of 5
(03/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
In A6, enter the date
6.
The judge signed the order for a Judgment of Foreclosure and Sale on:
the judge signed the
Judgment of
Foreclosure and Sale
you received.
In A7, check (a.) OR
7.
a. I was not at the court hearing when the judge ordered the foreclosure because:
(b.) If you check (a.),
 I was late to court because
also check the reason
you were not at the
court hearing when the
 I did not make it to court because
judge ordered the
foreclosure of your
 I did not get a notice of the court hearing because
property.
 Other:
b. I was at the court hearing when the judge ordered the foreclosure but:
 the judge did not give me extra time to answer.
 Other:
In A8, check “Yes” in
the first part if you
8.
Defendants have a loan modification application pending:
have applied to get
 No  Do Not Know
Yes
your mortgage loan
changed so that you
It is a HAMP loan modification:
can keep the property.
 No  Do Not Know
Yes
In the second part,
check the box about
Under the terms of the modification, the lender is not permitted to go forward with the case
whether the
at this time (attach a copy of the modification contract to this Motion).
modification is under
 No  Do Not Know
Yes
the HAMP program.
In A9, check “Yes” if
9.
Defendants have a short sale contract for the property being sold as a result of a
you have a contract to
foreclosure:
sell the property as a
 No  Do Not Know
Yes
short sale.
B.
Under §2-1301 of the Illinois Code of Civil Procedure, Defendants ask the Court to:
1.
Vacate the default order and judgment;
2.
Allow Defendants to file their appearance;
3.
Grant Defendants time to answer;
4.
Award other such relief as the Court deems just and equitable; AND/OR
5.
Set a date for Defendants to appear before the judge.
Defendants certify that everything on the Motion to Vacate Default Judgment of
Under the Code of
Civil Procedure,
735
Foreclosure is true and correct. Defendants understand that making a false statement on
ILCS
5/1-109,
this form is perjury and has penalties provided by law under
735 ILCS
5/1-109.
making a statement
on this form that you
know to be false is
/s/
perjury, a Class 3
Defendant Signature
Defendant Printed Name
Felony.
Street Address, Apt #
If you are completing
this form on a
computer, sign your
City
State
ZIP
Phone
name by typing it. If
you are completing it
by hand, sign and
print your name.
Defendant Signature
Defendant Printed Name
Street Address, Apt #
VD-M 916.4
Page 2 of 5
(03/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
Each Defendant on
the form must sign
City
State
ZIP
Phone
and print their name,
current addresses and
phone number.
Defendant Signature
Defendant Printed Name
Check if you need
Street Address, Apt #
more room and file
the Additional
City
State
ZIP
Phone
Defendant
Signatures, Names, &
Addresses with this
Defendants have attached the Additional Defendant Signatures, Names, & Addresses
form.
PROOF OF DELIVERY
In 1a, enter the name,
mailing address, and
1.
I sent this document:
email address of the
party or lawyer to
a. To:
whom you sent the
document.
Name:
In 1b, check the box to
First
Middle
Last
show how you sent the
Address:
document, and fill in
Street, Apt #
City
State
ZIP
any other information
Email address:
required on the blank
lines.
CAUTION: If the
 Personal hand delivery
b. By:
other party does not
 Regular, First-Class Mail, put into the U.S. Mail with postage paid at:
have a lawyer, you
may send the
document by email
Address of Post Office or Mailbox
only if the other party
 Third-party commercial carrier, with delivery paid for at:
has listed their email
address on a court
Name (for example, FedEx or UPS ) and office address
 The court's electronic filing manager (EFM) or an approved electronic filing
service provider (EFSP)
 Email
(not through an EFM or EFSP)
 Mail from a prison or jail at:
In c, fill in the date and
Name of prison or jail
time that you sent the
c.
On:
document.
Date
 a.m.
 p.m.
At:
Time
In 2, if you sent the
document to more than
2.
I sent this document:
1 party or lawyer, fill
in a, b, and c.
a. To:
Otherwise leave 2
blank.
Name:
First
Middle
Last
Address:
Street, Apt #
City
State
ZIP
Email address:
 Personal hand delivery
b. By:
VD-M 916.4
Page 3 of 5
(03/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
 Regular, First-Class Mail, put into the U.S. Mail with postage paid at:
Address of Post Office or Mailbox
 Third-party commercial carrier, with delivery paid for at:
Name (for example, FedEx or UPS ) and office address
 The court's electronic filing manager (EFM) or an approved electronic filing
service provider (EFSP)
 Email
(not through an EFM or EFSP)
 Mail from a prison or jail at:
Name of prison or jail
c.
On:
Date
 a.m.
 p.m.
At:
Time
In 3, if you sent the
document to more than
3.
I sent this document:
2 parties or lawyers,
fill in a, b, and c.
a. To:
Otherwise leave 3
Name:
blank.
First
Middle
Last
Address:
Street, Apt #
City
State
ZIP
Email address:
 Personal hand delivery
b. By:
 Regular, First-Class Mail, put into the U.S. Mail with postage paid at:
Address of Post Office or Mailbox
 Third-party commercial carrier, with delivery paid for at:
Name (for example, FedEx or UPS ) and office address
 The court's electronic filing manager (EFM) or an approved electronic filing
service provider (EFSP)
 Email
(not through an EFM or EFSP)
 Mail from a prison or jail at:
Name of prison or jail
c.
On:
Date
 a.m.
 p.m.
At:
Time
If you sent your
document to more than
I have attached an Additional Proof of Delivery form.
3 parties or lawyers,
check the box and file
the Additional Proof of
Delivery form with this
form.
VD-M 916.4
Page 4 of 5
(03/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
Under the Code of
I certify that everything in the Proof of Service is true and correct. I understand that making
Civil Procedure,
735
a false statement on this form is perjury and has penalties provided by law under
ILCS
5/1-109,
735 ILCS 5/1-109
.
making a statement
on this form that you
know to be false is
/s/
perjury, a Class 3
Your Signature
Street Address
Felony.
If you are completing
this form on a
computer, sign your
Print Your Name
City, State, ZIP
name by typing it. If
you are completing it
by hand, sign and
Telephone
print your name.
VD-M 916.4
Page 5 of 5
(03/18)
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Download Form VD-M 916.4 Motion to Vacate Default Judgment of Foreclosure - Illinois

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