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.
West Virginia Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief
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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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A West Virginia foreclosure can take place in about 60 days if it occurs through the non judicial foreclosure process and is uncontested. If the borrower contests the foreclosure or if the lender seeks a judicial foreclosure then the process is likely to take more than 60 days.
A court, in a suit properly pending therein, may make a decree or order for the sale of property in any part of the state, and may direct the sale to be for cash, or on such credit and terms as it may deem best; and it may appoint a special commissioner or special receiver to make such sale.
In West Virginia, the method will most likely be nonjudicial, although judicial foreclosures are also allowed. West Virginia law specifies how nonjudicial procedures work, and both federal and state laws give you rights and protections throughout the foreclosure.
Ways to Stop Foreclosure in West Virginia Declare Bankruptcy. Yes, bankruptcy is a way through which foreclosure can be stopped. ... Applying for Loan Modification. ... Reinstating Your Loan. ... Plan for Repayment. ... Refinancing. ... Sell Out Your Home. ... Short Sale. ... Deed In Lieu of Foreclosure.
§55-14-1. In this article "foreign judgment" means any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
Power of courts to declare rights, status and other legal relations; objections; form and effect of declaration. Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed.
(1) If the final maturity date of the obligation is ascertainable from the lien instrument, the lien expires five years after that date. (2) If the final maturity date of the obligation is not ascertainable from the lien instrument, the lien expires thirty-five years after the date of the lien instrument.
In any action where any party seeks to impute fault to another, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, on the issue of imputed fault.
