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.
Keywords: Arizona Petition, Enjoin Foreclosure Sale, Ascertainment of Amount Owed, Note, Deed of Trust. In Arizona, a Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust is a legal document filed by a borrower to halt the foreclosure process and request the court's intervention in determining the accurate amount owed on a mortgage loan. This petition aims to protect the borrower's rights and ensure a fair assessment of the outstanding debt. There are different types of Arizona Petitions to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust, depending on their specific circumstances: 1. Judicial Foreclosure Petition: Borrowers who have received a notice of foreclosure sale can file a judicial petition to halt the sale and seek an accurate amount owed on the promissory note and deed of trust. This type of petition involves the court's intervention to determine if the lender has followed all legal procedures and if the amount claimed by the lender is accurate. 2. Non-Judicial Foreclosure Petition: In non-judicial foreclosure states like Arizona, where foreclosure sales can be conducted outside the court system, borrowers can file a non-judicial petition to enjoin the foreclosure sale. This petition requests a temporary restraining order to stop the sale and ensure an accurate determination of the amount owed on the note and deed of trust. 3. Discrepancy in Amount Owed Petition: This type of petition addresses situations where borrowers dispute the lender's claimed amount owed on the note and deed of trust by alleging errors, miscalculations, or unjustified fees. It seeks the court's intervention to ascertain the accurate debt amount and prevent foreclosure based on an incorrect calculation. 4. Wrongful Foreclosure Petition: If borrowers believe that the foreclosure process is wrongful or invalid, they can file a wrongful foreclosure petition. This type of petition seeks to stop the foreclosure sale and challenge the lender's right to enforce the deed of trust based on legal violations, such as improper notice, lack of standing, or predatory lending practices. When filing an Arizona Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust, it is crucial to consult with an experienced attorney to ensure proper adherence to the state's laws and procedures. The attorney can assist in gathering evidence, preparing the petition, and advocating for the borrower's rights in court.
