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.
District of Columbia Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief
Category:
State:
Multi-State
Control #:
US-01680BG
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Petition Or Complaint To Enjoin Nonjudicial Foreclosure Sale And For Declaratory Relief?
You can invest several hours online trying to locate the appropriate document template that fulfills the federal and state requirements you need. US Legal Forms offers a vast array of legal forms that can be assessed by experts.
You can actually obtain or print the District of Columbia Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief from your service.
If you already have a US Legal Forms account, you can Log In and click the Download button. After that, you can complete, modify, print, or sign the District of Columbia Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief. Every legal document template you purchase is yours indefinitely.
Complete the payment. You may use your credit card or PayPal account to pay for the legal document. Select the format of the document and download it to your device. Make adjustments to your document if necessary. You can complete, modify, sign, and print the District of Columbia Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief. Download and print numerous document templates using the US Legal Forms site, which offers the largest selection of legal forms. Utilize professional and state-specific templates to address your business or personal needs.
- To obtain an additional copy of the purchased form, visit the My documents section and click the corresponding button.
- If you are using the US Legal Forms website for the first time, follow the simple instructions below.
- First, ensure that you have selected the correct document template for the area/town of your choice. Review the form description to confirm you have chosen the right form.
- If available, use the Preview button to look through the document template as well.
- To get another version of the form, use the Search field to find the template that meets your needs and requirements.
- Once you have found the template you want, click Buy now to proceed.
- Select the pricing plan you prefer, enter your details, and create an account on US Legal Forms.
Form popularity
FAQ
To accomplish this, a power of sale clause is added to the mortgage, or deed of trust, which gives a third-party trustee the right to sell the property in the event the borrower does not make their payments. Given this clause, non-judicial foreclosures are sometimes referred to as foreclosure by power of sale.
Judicial foreclosure - involves sale of the mortgaged property under the supervision of a court; initiated by a law suit; available in every state. non-judicial foreclosure - involves sale of the mortgage property without court supervision; available in many, but not all, states.
Under a judicial foreclosure proceeding, the lender files suit with the court to initiate foreclosure?typically after the borrower misses their third consecutive mortgage payment (also known as going 90 days past due on their loan).
Judicial foreclosure is the process where the lender files a complaint against the borrower in the DC Superior Court to obtain a judgment of foreclosure. As a result, the borrower will receive the Initial Order, a Summons, and a Complaint.
The lender will bring a lawsuit in court, and a judge will review the evidence submitted by both sides. They may hold a hearing to decide whether the homeowner is in default on the loan. The homeowner can try to reach a settlement with the lender before the hearing to prevent the foreclosure.
Judicial Foreclosure. If a payment is not made after a certain time period, the mortgage property is then sold through an auction to the highest bidder, carried out by a local court or sheriff's office.
