What does a motion for default mean and what can we do about it?
My company buys mortgages. We bought a 2nd position note and had it recorded properly. The first mortgage holder did not record theirs. They asked me to subordinate my position. I did not. They went to court and filed a motion for default with my company as the defendant. The motion was granted and a default was entered. What does this mean to us and what can we do about it?
A motion for default is made when a defendant fails to file a timely answer to a complaint/petition. If the court grants the motion for default, the Plaintiff obtains the relief requested in the original complaint/petition.
If you were not served with the original petition/complaint, you can always file a petition to reopen the case.
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