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Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief

 Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief
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Category: Real Estate - Foreclosure Sales - Injunctions
State:Multi-State
Control #:  US-01680BG
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Description

The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action.



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