Court Injunction Preliminary Foreclosure
Description
How to fill out Sample Brief - Injunction?
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FAQ
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.
In a judicial foreclosure, after the judge orders the sale of a home, it's usually auctioned off to the highest bidder. The homeowner has some time after the sale to buy the home back from the successful bidder (called the right of redemption).
Section 527 - Preliminary injunctions and temporary restraining orders (a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor.
527. (a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor.
Judicial foreclosure requires the lender to file a lawsuit against the borrower to satisfy the unpaid mortgage loan. Lenders typically cannot take this step until 120 days after the first missed payment (in other words, after the fourth consecutive missed monthly payment).