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.
Title: Understanding the New Hampshire Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief Introduction: In New Hampshire, a petition or complaint to enjoin a nonjudicial foreclosure sale and seeking declaratory relief is a legal document filed with the court to halt the foreclosure process initiated by a mortgage lender or loan service. This form of legal action provides homeowners facing foreclosure with an opportunity to challenge the foreclosure proceedings, demonstrate any irregularities or violations, and seek a court order to prevent the sale of their property. Types of New Hampshire Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief: 1. Petition to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief: This type of petition is typically filed by homeowners who believe they have valid legal grounds to challenge the foreclosure sale. The petition outlines specific reasons, such as improper notice, defective foreclosure documents, or violations of mortgage servicing rules, as to why the foreclosure sale should be halted. Additionally, it requests the court to provide declaratory relief, which means a judgment or order determining the rights and obligations of the parties involved. 2. Complaint for Injunctive Relief and Declaratory Judgment: Similar to a petition, a complaint for injunctive relief and declaratory judgment is another type of legal document filed in New Hampshire to halt a nonjudicial foreclosure sale. Homeowners filing this complaint must provide valid grounds for their claims, such as procedural irregularities or violations of state foreclosure laws. The complaint aims to seek a court order granting injunctive relief, thereby preventing the sale, and a declaratory judgment to address the legal rights and obligations related to the foreclosure. Keywords: — NeHampshireir— - Foreclosure - Nonjudicial foreclosure sale Petitionio— - Complaint - Enjoin - Declaratory relief — Legaactionio— - Injunctive relief - Mortgage lender — Loaservicee— - Foreclosure proceedings — Irregularitie— - Violations - Court order — Property Noticeic— - Defective foreclosure documents — Mortgage servicing rule— - Rights - Obligations — Procedural irregularitie— - State foreclosure laws
