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.
Nebraska 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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FAQ
Deed of Trust for Real Estate Located in Nebraska (2) The trustee of a trust deed shall not be the beneficiary named in the trust deed unless the beneficiary is qualified to be a trustee under subdivision (1)(b) or (c) of this section.
Only two states, Connecticut and Vermont, allow for a special type of judicial foreclosure known as a strict foreclosure. Under this proceeding, the lender files suit against the borrower who is in default.
Right of redemption is a legal process that allows a delinquent mortgage borrower to reclaim their home or other property subject to foreclosure if they are able to repay their obligations in time.
Filing a bankruptcy or a lawsuit could stop a foreclosure sale. Talk to a lawyer about your situation to see what is best for you. The most common way to stop a foreclosure is to refinance or modify your mortgage loan to make it more affordable.
Once a property has been foreclosed upon, the borrower cannot attempt to redeem it. Nebraska has no post-sale statutory right of redemption. The borrower may initiate a redemption prior to the final confirmation of the foreclosure sale, if the borrower pays all monies due in full, including taxes and costs.