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 Missouri 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 Missouri to halt a foreclosure sale and determine the exact amount owed on a promissory note and mortgage deed. This type of petition is typically filed by a borrower who believes there may be errors or discrepancies in the foreclosure process or the amount claimed by the lender. Keywords: Missouri, petition, enjoin, foreclosure sale, seeking, ascertainment, amount owed, note, deed of trust, legal document, borrower, errors, discrepancies, lender. Different types of Missouri Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust may include: 1. First-time homeowner petition: A petition filed by a homeowner who is facing the threat of foreclosure for the first time and seeks to establish the accuracy of the loan amount and prevent a forced sale. 2. Loan modification petition: A petition filed by a borrower who has been previously denied a loan modification and wishes to challenge the foreclosure proceedings while seeking to determine the correct amount owed on the note and deed of trust. 3. Statute of limitations petition: A petition filed to invoke the statute of limitations defense, arguing that the lender is barred from pursuing a foreclosure due to the expiration of the time period allowed by law. 4. Predatory lending petition: A petition filed by a borrower who believes they have been a victim of predatory lending practices, alleging fraudulent or unfair practices by the lender and aiming to halt the foreclosure sale and assess the accurate amount owed. 5. Title dispute petition: A petition filed when there is a dispute over the ownership or validity of the title to the property being foreclosed upon, seeking to stop the foreclosure sale until the title issue is resolved and the amount owed on the note and deed of trust is ascertained. In each of these cases, the petition acts as a legal tool for borrowers to protect their rights, challenge the foreclosure proceedings, and obtain judicial intervention to ensure fairness and accuracy in determining the amount owed on the promissory note and mortgage deed.
