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.
Montana 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 Montana to halt a foreclosure sale and determine the accurate amount owed on a promissory note and corresponding deed of trust. This petition protects the rights of the borrower by ensuring fairness and accuracy in the foreclosure process. Keywords: Montana, petition, enjoin, foreclosure sale, seeking, ascertainment, amount owed, note, deed of trust, legal document, borrower, rights, fairness, accuracy, foreclosure process. Types of Montana Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust may include: 1. Emergency Petition — This type of petition is filed in urgent cases where immediate action is necessary to prevent the foreclosure sale from proceeding. It provides a swift legal remedy to protect the borrower's rights. 2. Preliminary Injunction Petition — This petition requests the court to issue a preliminary injunction to halt the foreclosure sale until the accurate amount owed on the note and deed of trust is determined. It ensures that the borrower has an opportunity to challenge any discrepancies or errors in the foreclosure proceedings. 3. Permanent Injunction Petition — This petition seeks a permanent injunction to permanently stop the foreclosure sale until the precise amount owed on the note and deed of trust is ascertained. It guarantees a thorough review of the borrower's payment history, interest charges, and other relevant factors to establish a fair and accurate balance due. 4. Petition for Accounting — This type of petition requests the court to order the lender to provide a detailed accounting of all payments made by the borrower, interest charges, and any other relevant financial information. It ensures transparency and accountability in the foreclosure process. 5. Petition for Mediation or Settlement Conference — In some cases, the borrower may opt for mediation or a settlement conference to resolve any disputes regarding the amount owed on the note and deed of trust. This petition requests the court's intervention in facilitating a productive discussion between the borrower and lender to reach a mutually agreed-upon resolution. 6. Petition for Quiet Title — This petition may be filed in situations where there are concerns about the validity of the deed of trust or challenges to the lender's legal right to foreclose. It aims to establish the borrower's clear and rightful ownership of the property, potentially resulting in the dismissal of the foreclosure proceedings.
