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.
Michigan Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief
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Multi-State
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US-01680BG
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How to fill out Petition Or Complaint To Enjoin Nonjudicial Foreclosure Sale And For Declaratory Relief?
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FAQ
Most foreclosures in Michigan are nonjudicial, which means the bank does not have to go through court. Judicial foreclosures are allowed, too. In a judicial foreclosure, the bank forecloses through the state court system.
For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.
Fill out form MC 03 (Answer, Civil) on the website or get a paper copy from the court to fill out. Write in the court number, case number, the court address, the court telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on your court papers.
File the Motion with the court. File all four copies of your motion with the court in person or by first-class mail. If you mail your motion to the court, include a postage-paid and self-addressed envelope with your motion so that the court can return copies.
Declaratory Judgment. Within their respective jurisdictions, the Massachusetts Supreme Judicial Court (the ?SJC?), Superior Court and Probate Court (?Courts?) may make binding declarations of right, duty, status and other legal relations (?declaratory relief?) between the parties to an actual controversy.
2.605. (A) Power to Enter Declaratory Judgment. (1) In a case of actual controversy within its jurisdiction, a Michigan court of record may declare the rights and other legal relations of an interested party seeking a declaratory judgment, whether or not other relief is or could be sought or granted.
Personally served with a complaint in Michigan Must serve and file an answer or take other action, as permitted, within 21 days of being served with notice.
Filing Fees General Civil (Limit of $25,000.00)FeeClaims up to $600.00$35.00Claims from $600.01 to $1750.00$55.00Claims from $1750.01 to $10,000.00$75.00Claims from $10,000.01 to $25,000.00$160.001 more row
