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.
Missouri Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust
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How to fill out Petition To Enjoin Foreclosure Sale And Seeking Ascertainment Of Amount Owed On Note And Deed Of Trust?
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How to Succeed in Quiet Title Actions? Get legal advice: ... Collect evidence and research: ... Identification of potential defendants: ... Served with notice: ... Make a complaint: ... Defend against counterclaims: ... Make your case in court: ... Get a quiet title judgment:
A "deed in lieu of foreclosure" occurs when a lender agrees to accept a deed (title) to the property instead of foreclosing. With a deed in lieu of foreclosure, the deficiency amount is the difference between the total mortgage debt and the property's fair market value.
Borrowers must be delinquent for 120 days before a Notice of Sale can be issued, and the sale is to occur forty to fifty days after the notice. Lenders must give at least a twenty-day notice of the sale. They must publish the foreclosure in a newspaper in the county where the property is located.
A person claiming adverse possession must show an ability to control the land and his or her intent to exclude others from such control. This requires some continual act of occupying, clearing, cultivating, pasturing, erecting fences or other improvements.
Redeeming the Property Some states also provide foreclosed borrowers with a redemption period after the foreclosure sale, during which they can buy back the home. Under Missouri law, if the foreclosing lender buys the property at the foreclosure sale, you get one year to redeem the home following the sale.
A Missouri quiet title lawsuit, also called an action to quiet title or quiet title action, is most commonly used for clearing title issues, fixing defects in a title or confirming the ownership of real estate and personal property.
To establish a claim for slander of title under Missouri law, a complaint must allege the defendant: (1) published false words; (2) such publication was done maliciously; and (3) such publication resulted in pecuniary injury to the plaintiff.
Quiet Title Lawsuits in California Quiet title action represents a legal proceeding whereby an entity or person claims title to a portion or all of a specific real property. The Plaintiff asks the Court for a ruling that their title is superior to any other interest claimed by the Defendant.