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.
Montana Complaint or Petition to Enjoin Foreclosure Sale due to Misunderstanding as to Promissory Note's Terms of Payment upon Assumption of Note
State:
Multi-State
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Control #:
US-01681BG
Format:
Word;
Rich Text
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