Legal Question in Civil Litigation in Louisiana

I would like to file a petition seeking to have a judgement vacated or overturned. A judgement was rendered against me with prejudice in my abscence on June 5, 2009. the judgement was signed by the judge on the 16th of June 2010. Is there a prescription period to file the petition to vacate the judgement? What grounds are considered in Louisiana as groungds to go forth with such an action? Is the legal term petition to vacate judgement or motion to vacate judgement? I am seeking relief from the judgement because of unfairness and prejudice that I've experienced at the hands of a clerk in the judge's office who has favored the opposing side. I am also seeking a full financial disclosure from the mortgage company who foreclosed on my home. The loan balance was $185,000. however, the mortgage company bought the property at the foreclosure sale for approx. $125,000. Should I have receievd the amount remaining after the loan was paid off. If not, then where does this money go? Am I entitled to receieve full disclosure of the funds?


Asked on 6/15/10, 7:23 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

First of all, without seeing the documents, you may have time to file to vacate the Judgment. However, you need an attorney. Since you are asking questions on how to word things, then you probably want to go it alone.....and that is why you have the Judgment against you in the first place. You say the loan balance was $185,000 and the mortgage company bought it for $125,000. Then you ask if you should receive the remaining after the loan is paid off. If the $125,000 was applied against a $185,000 loan balance, the YOU OWE THEM THE DIFFERENCE OF $60,000. That is called a deficiency. If the loan balance was $125,000 and they bought it for $185,000, then no, they only have to pay what is owed. It may be that there were other liens against the property and you that were bidding on the property. But I reiterate, GET A LAWYER NOW.

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Answered on 6/16/10, 3:10 pm


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