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.
Louisiana Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief
Category:
State:
Multi-State
Control #:
US-01680BG
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Petition Or Complaint To Enjoin Nonjudicial Foreclosure Sale And For Declaratory Relief?
You can spend countless hours online searching for the legal template that meets the state and federal requirements you require. US Legal Forms provides thousands of legal documents that have been evaluated by professionals.
It is easy to download or print the Louisiana Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief from the service.
If you already possess a US Legal Forms account, you can Log In and click on the Download button. After that, you can complete, edit, print, or sign the Louisiana Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief. Every legal template you obtain is yours permanently. To get another copy of any purchased form, visit the My documents tab and click on the corresponding button.
Download and print thousands of document templates using the US Legal Forms website, which offers the largest collection of legal forms. Utilize professional and state-specific templates to address your business or personal needs.
- If you're using the US Legal Forms website for the first time, follow the simple instructions below.
- First, ensure that you have selected the correct template for the state/region of your choice. Review the form details to confirm you have chosen the right one. If available, utilize the Preview button to check the template as well.
- If you want to find another version of your form, use the Search field to locate the template that fits your needs and specifications.
- Once you have found the template you require, click Get now to proceed.
- Select the pricing plan you want, enter your credentials, and sign up for an account on US Legal Forms.
- Complete the transaction. You can use your credit card or PayPal account to pay for the legal template.
- Choose the format of your document and download it to your device.
- Make adjustments to your document if necessary. You can complete, edit, sign, and print the Louisiana Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief.
Form popularity
FAQ
Nonjudicial foreclosures occur if your mortgage has a power of sale clause, and allow your mortgage company to auction off your home after a warning and waiting period. Nonjudicial foreclosures can be a faster process than judicial foreclosures as they do not involve having to go to court.
All foreclosures in Louisiana must go through the judicial process, meaning that the court is involved. There are two types of judicial foreclosures that are used in the state: ordinary and executory. In most cases, the executory process is the one used to foreclose upon a home in Louisiana.
Again, most foreclosures in Louisiana are completed in an executory proceeding. After the lender files a "petition" and supporting evidence, the court summarily orders the property seized and sold.
A "power of sale provision" is a clause in the loan contract. In this clause, the borrower pre-authorizes the property's sale through a nonjudicial foreclosure process after a default.
Judicial States: Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Vermont, and Wisconsin.
Texas is a combination of a judicial and non-judicial foreclosure state; in short it allows for non-judicial foreclosures but ONLY if the lender or lienholder has a deed of trust as stated previously. Without a deed of trust the lender must obtain a court order to proceed with the foreclosure sale.
Again, the most common foreclosure process in Louisiana is an executory proceeding. This type of foreclosure is possible when the borrower agrees in the loan paperwork that the lender may get a judgment upon a default.
Executory proceedings are those which are used to effect the seizure and sale of property, without previous citation and judgment, to enforce a mortgage or privilege thereon evidenced by an authentic act importing a confession of judgment, and in other cases allowed by law.
