Alaska Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust

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Multi-State
Control #:
US-01690BG
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Word; 
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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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  • Preview Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust
  • Preview Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust
  • Preview Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust
  • Preview Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust

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FAQ

Alaska borrowers do not have a post-sale right of redemption unless the deed of trust expressly gives them this right.

Some states also provide foreclosed borrowers a redemption period after the foreclosure sale, during which they can buy back the home. But under Alaska law, a foreclosed borrower doesn't get the opportunity to redeem the home following the sale unless the deed of trust expressly gives a right of redemption.

The owner of the equity of redemption may redeem the property up until a short time before the sale by paying the plaintiff its debt, fees and costs. If a bonifide buyer is obtained and a valid contract of sale entered into, the court often opens the judgment and postpones the sale upon proper motion.

Types of Foreclosures in Alaska Once the courts declare a judicial foreclosure, the property is auctioned off, allowing lenders to recover as much money as possible as recompense for the loan. In a judicial foreclosure, the borrower does not have any redemption rights but deficiency suits are allowed.

There are no rights for redemption in Hawaii once the foreclosure is completed. In the case of a judicial foreclosure, the lender can file a lawsuit against the borrower for a deficiency unless a ruling was made by the court regarding deficiency when the foreclosure was finalized.

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Alaska Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust