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Temporary Restraining Order Form Foreclosure In Texas
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In Texas, there are three ways in which a lienholder can foreclose on a property: Judicial Foreclosure. A judicial foreclosure requires the lienholder to file a civil lawsuit against the homeowner. Non-Judicial Foreclosure. Expedited Foreclosure. Court Rules.
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.
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.
Section 51.016 of the Texas Property Code permits a mortgagee, trustee or substitute trustee to rescind a nonjudicial foreclosure of residential property.
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.
The foreclosure process in Texas is a relatively quick process, usually around 6 months.
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);
Requirements for a protective order for domestic violence to be issued include establishing that family violence has occurred and is likely to occur again without such an order. The burden of proof for this involves what's known as a “preponderance of evidence” favoring the accuser.