How to Stop a Foreclosure by Filing a Lawsuit
- 1). Visit the county clerk's office. Bring the certified copy of the letter stating that the mortgage company is filing foreclosure.
- 2). File a temporary injunction with the county clerk against the lender by asking for a temporary restraining order (TRO). This will prevent the bank from foreclosing on the proposed date until a judge has an opportunity to hear the case.
- 3). Prepare evidence that shows you would be irreparably harmed in the event of foreclosure. A good example of irreparable harm would be not having anywhere else to go.
- 4). Attend the hearing on the specified date dictated by the county clerk's office. Bring all original loan documentation and correspondence between you and the lender.
- 5). Showcase information that proves you would be caused irreparable harm due to the foreclosure of the property. Bring certified funds for a portion of the delinquency owed to the lender as a gesture of good faith. Doing so will typically end up in the judge granting the temporary injunction, which allows you additional time to make up missed mortgage payments.
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