Santa Clara California Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief

State:
Multi-State
County:
Santa Clara
Control #:
US-01680BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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Santa Clara California Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief