Crawfordsville, IN asked in Federal Crimes and Banking for Indiana

Q: What to file motion to set aside judgement on inheritance property HELOC was fraud , bank wanted cover up. default judge

Urgent bc writ to assist not to get out when I paid up all

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James L. Arrasmith
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  • Sacramento, CA

A: If you're facing a situation where a default judgment has been entered against you regarding an inheritance property and a Home Equity Line of Credit (HELOC) that you believe was fraudulently obtained, taking swift legal action is important. To challenge this judgment, you would typically file a motion to set aside the judgment. This motion asks the court to nullify the previous judgment based on new evidence or specific legal grounds, such as fraud or a significant procedural mistake.

In your motion, you should clearly explain the reasons why the judgment should be set aside, focusing on the alleged fraud and any evidence that supports your claim. Detailing the circumstances around the HELOC, how you believe fraud was committed, and why you were not able to address the issue before the default judgment was crucial. If the bank is allegedly involved in covering up the fraud, this should also be carefully documented and argued in your motion.

Given the complexity and urgency of your situation, especially with a writ of assistance issued, it's essential to seek legal advice immediately. Your attorney can help you prepare and file the motion properly, ensuring that all relevant facts and legal arguments are presented effectively. They can also represent you in court and argue on your behalf to set aside the judgment.

Remember, the success of such a motion often depends on the specifics of the case and the strength of the evidence presented. Acting promptly and having professional legal assistance can significantly impact the outcome.

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