if you have an atty and you asked him from the onset to put a temp injuction on your home until a case is settled and he didn't want to do that and now your home is in foreclosure, can i still get a temp injunction?
desperate homeowner
Answer
You might be able to get one but it is a difficult process and the court may order that you pay the monthly installments until the case is resolved. The injunction is against the lender and not against your home.
Answer
If you are talking about a suit against your lender for some claim to prevent foreclosure, getting an 'injunction' would be difficult and unlikely, and would cost substantial attorney fees for the process. It would require you essentially prove to the court's satisfaction that your case is "certain" to be successful, similar to the burden of proof on a summary judgment motion. Even if you did succeed in getting an injunction, you would have to post a bond for the damages the lender would suffer from being prevented from foreclosing until the case was over. That would include all the past due and continuing payments plus their foreclosure costs. The bond would be in an amount sufficient to pay 150% of that total. If you paid your attorney to do that, and you deposited with him the premium for the bond, then you have a legitimate grip. However, it is not too late to seek the injunction as long as the foreclosure sale has not occurred. If you are serious about hiring new counsel to attempt this, feel free to contact me to discuss the facts and costs.
Answer
It is going to depend on the nature of your case. If you have filed suit against the lender, based on facts that show something is wrong with the loan and security, then you may be able to get an injunction halting foreclosure, subject to conditions. But if you are suing the bank over something else, then the answer is no.
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