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Sample Temporary Restraining Order Foreclosure Texas In Mecklenburg
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Multi-State
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Mecklenburg
Control #:
US-000299
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FAQ
A temporary restraining order, otherwise referred to as TRO can halt the foreclosure process temporarily. This temporary halt can provide enough time for clients to work with their lawyers to avoid their impending foreclosure.
A temporary injunction hearing must be set to occur within 14 days (which can be extended only in limited circumstances). A writ of injunction issued by the clerk must be served on all adverse parties before the TRO becomes effective. There is no right to appeal a TRO, but immediate mandamus relief may be sought.
You can potentially obtain a TRO by convincing the judge assigned to your case that you would suffer harm that could only be described as “irreparable” if they don't halt the foreclosure process temporarily. Sometimes, the TRO process all takes place within 24-48 hours. A TRO is, by definition, temporary.
Section 51.016 of the Texas Property Code permits a mortgagee, trustee or substitute trustee to rescind a nonjudicial foreclosure of residential property.
Whether it was an emergency order issued after arrest or a final protective order filed through family court, many people don't realize that protective orders — even temporary ones — can appear on public background checks and may follow you for years.
If there is an urgent need for court intervention, a District Court can issue an Ex Parte Emergency Protective Order. These are temporary restraining orders issued by the court without notice to the aggressor because there is an immediate threat.
The attorney usually will follow these general steps: Meet with the alleged victim in the case; Obtain an affidavit of non-prosecution; Obtain a verified request to lift the protective order; Draft a motion to remove or modify the current order; Contact the correct prosecutor (city or county prosecutor);
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
You can potentially obtain a TRO by convincing the judge assigned to your case that you would suffer harm that could only be described as “irreparable” if they don't halt the foreclosure process temporarily. Sometimes, the TRO process all takes place within 24-48 hours. A TRO is, by definition, temporary.