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A notice of default is a public record stating that a borrower is in default on their loan. A lender or servicer files a default letter as the first step in the foreclosure process. If you ignore a notice of default, you could lose your home so if you receive one, contact your lender as soon as possible.
An Affidavit of Default is a sworn statement telling the court that you served the Summons (with Children) and Complaint with Minor Children on the Defendant and that he/she has not responded within thirty days after the completed service.
Rule 60(a) only authorizes the trial court to correct clerical errors; it does not authorize any changes to the judgment that are substantive and change the effect or intent of the original judgment.
If the defendant shall not appear and plead to the action, in pursuance of notice, the court, as in other cases, shall give judgment against him by default, and award a writ of inquiry if necessary; but on such judgment by default, unless granted on the service of summons executed in this state, no execution shall
Federal Rule 37(b)(2)(v) states a person who fails to appear as required in court can be found in default. 1 Plaintiffs have to sign an affidavit, under oath and penalty of perjury, that the defendant was properly served and still failed to show up.
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