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.
The Nevada 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 Nevada to halt a foreclosure sale and determine the exact amount owed on a promissory note and deed of trust. This petition is typically brought by property owners who believe that their foreclosure is unjustified or that the lender has miscalculated the amount owed. In Nevada, there are different types of petitions that can be filed to enjoin a foreclosure sale and seek ascertainment of the amount owed on the note and deed of trust. These may include: 1. Original Petition: This is the initial filing made by the property owner or their legal representative to request the court's intervention to stop the foreclosure sale. It outlines the grounds for the petition and provides relevant details about the property, the loan, and any alleged discrepancies in the foreclosure process. 2. Emergency Temporary Restraining Order (TO): In urgent cases where immediate action is necessary to prevent irreparable harm, the property owner may seek an emergency TO. This order is typically granted if there is a strong likelihood that the foreclosure sale should be halted, pending further court proceedings. 3. Motion for Preliminary Injunction: A motion for a preliminary injunction is often filed alongside the original petition and requests the court to temporarily stop the foreclosure sale until the case can be fully heard. The property owner must demonstrate a likelihood of prevailing on the merits of their case and show that irreparable harm will occur if the foreclosure sale proceeds. 4. Motion to Determine Amount Owed: As part of the overall petition, the property owner may also request the court's assistance in ascertaining the exact amount owed on the promissory note and deed of trust. This may involve a detailed analysis of the loan terms, payments made, interest calculations, and any other relevant factors. It is important to note that the specific forms and procedures for filing the Nevada Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust may vary depending on the local rules and regulations. Consulting with a qualified attorney who specializes in foreclosure defense is highly recommended ensuring the appropriate documents are filed correctly and to maximize the chances of success in the legal proceedings.
