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.
In Hawaii, a complaint or petition to enjoin a foreclosure sale may be filed when there is a misunderstanding regarding the terms of payment upon assuming a promissory note. This legal action aims to halt the foreclosure process until the matter can be resolved. When drafting a complaint or petition in this matter, it is essential to include relevant keywords and specify the type of misunderstanding that has occurred. Here are some types of Hawaii complaints or petitions that can be filed in relation to this issue: 1. Hawaii Complaint or Petition to Enjoin Foreclosure Sale due to Misunderstanding of Payment Schedule: If the assumption of the promissory note included a misunderstanding about the payment schedule, such as the timing, frequency, or amount of payments, a complaint or petition can be filed to halt the foreclosure sale until the matter is clarified. 2. Hawaii Complaint or Petition to Enjoin Foreclosure Sale due to Misunderstanding of Interest Rate: If there is a dispute or lack of clarity regarding the interest rate upon assuming the promissory note, a complaint or petition can be filed to prevent the foreclosure sale from proceeding until the issue is resolved. 3. Hawaii Complaint or Petition to Enjoin Foreclosure Sale due to Misunderstanding of Principal Balance: If there is a misunderstanding regarding the principal balance of the promissory note upon assumption, a complaint or petition can be filed to enjoin the foreclosure sale until the dispute is settled. 4. Hawaii Complaint or Petition to Enjoin Foreclosure Sale due to Misunderstanding of Additional Fees or Charges: In some cases, there may be a misunderstanding about additional fees or charges associated with the promissory note upon assumption. Filing a complaint or petition can help halt the foreclosure sale until these additional fees or charges are clarified. When filing a complaint or petition in Hawaii, it is crucial to consult with an attorney specializing in foreclosure or real estate law. They can provide guidance on the specific legal steps to take, ensuring the presentation of a comprehensive and accurate document that addresses the misunderstanding regarding the promissory note's terms of payment upon assumption.
