Foreclosure Defense: Module 12

The Default Judgment

After 30 days (look up your local court rules online on how many days a petition needs to be upheld), you can motion a Default Judgment.

Special Note for Californians

You MUST READ CA Civil Code Part 2, Charter 4, Article 5 Judgment 764.010 -764.080. Under this rule, you can not motion for a Default judgment.  You will need to motion for a Summary Judgment.

You should consult with your Prepaid Legal attorney about this matter for final interpretation.

and follow the steps below.


010-Quiet Title-Summary-Judgment.doc


010a-Quiet Title ORDER-Summary-Judgment.doc

and follow the steps below.

Action Steps

1) Customize the Motion for the Default Judgment. 009-Quiet Title Motion-Default-Judgment.doc

2) Customize the Order the Default Judgment. 009a-ORDER-Default-Judgment.doc

3) Await the Judge to sign and return the order.

4) Follow up with the Court Clerk if you don’t hear from the Judge in 14 days.

5) Take this Order, and record it against your property at the County Recorder’s Office.

This will provide you with “clean quite title”.  Now you can sell the house if you want to.

6)  Notify the bank of this default judgment via certified mail.  Include with this notice is a letter of Demand.  Have Prepaid Legal write the letter of demand for you (if you have the business rider option).  Otherwise, write it yourself.

7) Notify the Trustee of this Default Judgment via Certified mail. This will stop them doing any further sale.

Be sure to check with your State’s Civil Procedure. eg. California Rules of Civil Procedure or Prepaid Legal for confirmation of these processes. Or Consult Prepaid Legal.


This is purely for educational purpose. Nothing on this site can be construed as giving legal advice. You are using this information at your own risk. You are to seek legal counsel in these matters.