Legal Question in Family Law in California
appealing a default judgment
I obtained a default judgment for a real property settlement and for a marriage settlement, against my ex husband in November 2005. It is attached to his real property which is about to be foreclosed upon. How long does he have to appeal the judgment and attempt to have it overturned?
Thank you
1 Answer from Attorneys
Re: appealing a default judgment
Default judgments can be set aside for a period of six months after entry. The longer the person waits, without good cause, the less likely the court will set aside the judgment. Your statement that the house is in foreclosure is confusing. If you are attaching the house to collect your money judgment, that is different than the house is being forclosed by a lender. If the house is being forclosed because of the default in a loan secured by a deed of trust, the house will be lost to both of you unless the default is cured before the foreclosure. contact an attorney and review your options.
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