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.
A Delaware Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust is a legal document filed in the state of Delaware to halt a foreclosure sale on a property and request a determination of the outstanding balance owed on a promissory note and deed of trust. This petition is typically filed by the borrower (also known as the mortgagor) when they believe there are errors or discrepancies in the foreclosure proceedings or if they want to challenge the lender's claims regarding the amount owed. Keywords: Delaware, petition, enjoin, foreclosure sale, seeking, ascertainment, amount owed, note, deed of trust, legal document, borrower, mortgagor, errors, discrepancies, foreclosure proceedings, lender, outstanding balance. There are different types of Delaware Petitions to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust, including: 1. Procedural Error Petition: This type of petition is filed when the borrower believes that there were errors or violations committed by the lender or the court during the foreclosure process. It aims to halt the foreclosure sale until the errors are rectified or the violation is addressed. 2. Discrepancy in Amount Owed Petition: This petition is filed when the borrower disputes the lender's claim regarding the outstanding balance owed on the promissory note and deed of trust. It seeks to halt the foreclosure sale until the accurate amount owed is ascertained through proper evaluation and verification. 3. Violation of Legal Requirements Petition: This type of petition is filed when the borrower believes that the lender failed to comply with specific legal requirements during the foreclosure proceedings. This can involve failure to provide proper notice, predatory lending practices, or other violations that may have affected the borrower's rights. The petition aims to halt the foreclosure sale until the violation is addressed and the borrower's rights are protected. By filing a Delaware Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust, borrowers in Delaware can exercise their legal rights to challenge the foreclosure proceedings and protect their interests in the property. It provides an opportunity for borrowers to address any errors, discrepancies, or violations that may have occurred during the foreclosure process and ensure a fair resolution of their outstanding debt obligations.
