Do I have to file a temporary restraining order (TRO) to stop an Alabama foreclosure?
“Do I have to file a temporary restraining order (TRO) to stop an Alabama foreclosure?”
This is a question that we receive often in our practice.
Consumers will come to us and usually say, “My house is going to be foreclosed on in 7 days, and the only option I have is to file a temporary restraining order.”
This simply isn’t the case.
Filing a TRO isn’t a new idea, but it’s something that rarely is done these days.
We’ve certainly never done it with our cases.
Let’s talk about what exactly a TRO (Temporary Restraining Order) is, and how it fits into the context of a foreclosure.
A TRO is where the judge basically tells the other side not to do something.
In this case, you would sue the mortgage company, then file a TRO to stop the foreclosure from happening.
However, it only lasts for a certain amount of time, then you have to get a preliminary injunction, and finally a permanent injunction.
Here’s why this isn’t a popular option when we’re talking about foreclosure.
First of all, you have to find a judge.
So you have to file the lawsuit, and almost immediately find a judge who will agree to do this.
Judges are reasonably skeptical to take on a lawsuit where they’re being asked to immediately enter a restraining order against the other side before anything else happens.
It’s an unusual request.
In addition, the judge may say that you need to put up a bond for the value of your home (in most cases it needs to be higher than the value of your home).
If you have a home that’s valued at $200,000, you’re looking at paying $20,000 in cash for that bond.
This is too much work and money to be practical in stopping an Alabama foreclosure. At least in my opinion.
There’s a more simple solution to stopping a foreclosure.
We might think of the TRO like amputating your arm because of slight discomfort in your pinky finger.
Would that get rid of the problem? Sure.
However, it’s a bit excessive.
Instead of a TRO, let’s use our own mortgage documents.
Within your mortgage, usually in paragraph 22, there’s a clause that allows for court action.
What kind of court action?
Well, you can stand in front of a judge and explain why you shouldn’t have been in default, your mortgage shouldn’t have been accelerated, and your house shouldn’t be in foreclosure.
You have that right by contract. Why not exercise it?
Occasionally, we come across mortgage companies who will ignore the lawsuit and foreclose anyway.
It’s incredibly rare and stupid on their part.
We have to remember, though, that these guys are incredibly crooked.
Most of the time, however, if you file a lawsuit against your mortgage company, they will respect it and let the judge decide.
You don’t have to file a TRO.
It’s certainly an option, however in all the years we’ve been practicing we never have filed one to stop a foreclosure in Alabama.
Every foreclosure case is unique but the fact that we have stopped so many Alabama foreclosures without a TRO is noteworthy.
If you have any questions, feel free to get in touch with us! We’d be glad to help you figure out your best course of action.
You can reach us by phone at 1-205-879-2447, or you can fill out a contact form and we will get in touch with you quickly.
We look forward to chatting with you.
Thanks for reading, and have a great day!