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.
Foreclosure complaint with BBB refers to a formal grievance filed with the Better Business Bureau (BBB) regarding issues related to the foreclosure process. BBB is an organization that aims to promote trust and transparency between businesses and consumers, allowing consumers to voice their concerns and seek resolution. The BBB serves as a mediator, providing a platform to address various types of foreclosure complaints. Here are some common types: 1. Misrepresentation or Fraud: This type of foreclosure complaint occurs when a homeowner believes that the lending institution or foreclosure service provider has engaged in deceptive practices or fraudulent activities during the foreclosure process. Examples include false documentation, misrepresentation of terms, or failure to disclose pertinent information. 2. Unfair or Non-compliant Practices: Complaints falling under this category involve the perception that the lending institution or foreclosure service provider has engaged in unfair, unethical, or non-compliant practices as defined by local and federal laws. These could include improper notice procedures, inaccurate mortgage calculations, or violations of foreclosure laws. 3. Harassment or Improper Communication: Homeowners may file a foreclosure complaint if they feel harassed or subjected to undue pressure from foreclosure service providers during the process. This can include excessive phone calls, threatening language, or unprofessional behavior by collection agents. 4. Delayed or Mishandled Documents: This type of complaint arises when homeowners experience issues or delays in the processing and handling of foreclosure-related documents by the lending institution or foreclosure service provider. Examples include lost paperwork, mishandled communications, or improper documentation storage. When filing a foreclosure complaint with BBB, individuals should provide a detailed account of the issues encountered, including dates, names of involved parties, and any supporting evidence. The BBB facilitates communication between the impacted homeowner and the relevant business, aiming to reach a fair and satisfactory resolution. It is crucial to note that while BBB strives to resolve complaints, its authority is limited to mediating the dispute and cannot enforce legal action or provide legal advice. If a resolution is not reached, homeowners may need to seek legal counsel or contact the appropriate regulatory agency to address their foreclosure concerns. Overall, filing a foreclosure complaint with BBB offers homeowners an avenue to voice their grievances, highlight potential misconduct, and seek resolution through mediation with the involved businesses.