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.
Puerto Rico Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief
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US-01680BG
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FAQ
Florida is known as a judicial foreclosure state. This means the mortgage company is required to get approval from the court before they can proceed with a foreclosure process.
Judicial foreclosure refers to foreclosure proceedings that take place through the court system. This type of foreclosure process often occurs when a mortgage note lacks a power of sale clause, which would legally authorize the mortgage lender to sell the property if a default occurred.
In short, a judicial foreclosure must first go through court process through a civil lawsuit where the bank sues the homeowner for failure to make payments. The second is a non judicial foreclosure which allows the bank to sell the property through the auction process without court supervision or permission.
In a judicial foreclosure, after the judge orders the sale of a home, it's usually auctioned off to the highest bidder. The homeowner has some time after the sale to buy the home back from the successful bidder (called the right of redemption). The amount of time depends on whether the sale satisfied the debt.
Foreclosures in Puerto Rico go through a judicial process in the court system. The lender initiates the foreclosure by filing a brief in court, along with certain documents. The brief must contain an exact breakdown of the following: the principal balance owed.
Reinstating the Loan Texas law allows the borrower to block a nonjudicial foreclosure sale by "reinstating" the loan (paying the overdue amount) within 20 days after the lender serves the notice of default by mail.
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.