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: New Hampshire Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust Description: In the state of New Hampshire, a "Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust" is a legal document filed by homeowners or borrowers to halt the foreclosure sale of their property. This type of petition aims to challenge the foreclosure process and request the court's intervention to determine the true amount owed on the note and the deed of trust. Keywords: — NeHampshireir— - Petition to Enjoin Foreclosure Sale — Seeking Ascertainment of Amount Owe— - Note and Deed of Trust — Foreclosurprocesses— - Homeowners - Borrowers — Legal documen— - Court intervention - Property foreclosure Types of New Hampshire Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust: 1. Pre-Foreclosure Petition: This type of petition is submitted by homeowners or borrowers who have received a notice of foreclosure but believe that the foreclosure sale is unjust, irregular, or that the amount claimed as owed on the note and deed of trust is inaccurate. The petition requests the court to halt the foreclosure sale until the amount owed can be ascertained and determined by proper legal procedures. 2. Post-Foreclosure Petition: When homeowners or borrowers have lost their property due to a foreclosure sale, they may file a post-foreclosure petition seeking the court's intervention to reassess the amount owed on the note and deed of trust. This petition aims to challenge the final foreclosure sale and determine if the amount claimed by the lender was accurate or if any irregularities occurred during the auction process. 3. Emergency Petition: In situations where homeowners or borrowers believe that their property is about to be foreclosed upon imminently, they may file an emergency petition to expedite the court's decision-making process. This type of petition prioritizes immediate action to halt the foreclosure sale and ascertain the correct amount owed on the note and deed of trust. 4. Counter Petition: Sometimes, homeowners or borrowers may file a counter petition when a lender initiates foreclosure proceedings against them. This petition serves as a response to the lender's foreclosure actions and seeks to enjoin the foreclosure sale while requesting the court to determine the accurate amount owed on the note and deed of trust. 5. Deficiency Petition: If, after a foreclosure sale, the proceeds fall short of completely paying off the outstanding debt, the lender may pursue a separate deficiency judgment against the homeowners or borrowers for the remaining balance. In such cases, homeowners or borrowers may file a deficiency petition to challenge the claimed amount of the deficiency, seeking the court's ascertainment of the exact outstanding balance. Note: It is important to consult with a qualified attorney familiar with New Hampshire foreclosure laws to understand the specific procedures and requirements for filing these petitions accurately.Title: New Hampshire Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust Description: In the state of New Hampshire, a "Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust" is a legal document filed by homeowners or borrowers to halt the foreclosure sale of their property. This type of petition aims to challenge the foreclosure process and request the court's intervention to determine the true amount owed on the note and the deed of trust. Keywords: — NeHampshireir— - Petition to Enjoin Foreclosure Sale — Seeking Ascertainment of Amount Owe— - Note and Deed of Trust — Foreclosurprocesses— - Homeowners - Borrowers — Legal documen— - Court intervention - Property foreclosure Types of New Hampshire Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust: 1. Pre-Foreclosure Petition: This type of petition is submitted by homeowners or borrowers who have received a notice of foreclosure but believe that the foreclosure sale is unjust, irregular, or that the amount claimed as owed on the note and deed of trust is inaccurate. The petition requests the court to halt the foreclosure sale until the amount owed can be ascertained and determined by proper legal procedures. 2. Post-Foreclosure Petition: When homeowners or borrowers have lost their property due to a foreclosure sale, they may file a post-foreclosure petition seeking the court's intervention to reassess the amount owed on the note and deed of trust. This petition aims to challenge the final foreclosure sale and determine if the amount claimed by the lender was accurate or if any irregularities occurred during the auction process. 3. Emergency Petition: In situations where homeowners or borrowers believe that their property is about to be foreclosed upon imminently, they may file an emergency petition to expedite the court's decision-making process. This type of petition prioritizes immediate action to halt the foreclosure sale and ascertain the correct amount owed on the note and deed of trust. 4. Counter Petition: Sometimes, homeowners or borrowers may file a counter petition when a lender initiates foreclosure proceedings against them. This petition serves as a response to the lender's foreclosure actions and seeks to enjoin the foreclosure sale while requesting the court to determine the accurate amount owed on the note and deed of trust. 5. Deficiency Petition: If, after a foreclosure sale, the proceeds fall short of completely paying off the outstanding debt, the lender may pursue a separate deficiency judgment against the homeowners or borrowers for the remaining balance. In such cases, homeowners or borrowers may file a deficiency petition to challenge the claimed amount of the deficiency, seeking the court's ascertainment of the exact outstanding balance. Note: It is important to consult with a qualified attorney familiar with New Hampshire foreclosure laws to understand the specific procedures and requirements for filing these petitions accurately.
