• DYE CULIK PC | Consumer Protection Division

What Do You Need to Show to Get a Restraining Order to Stop a Foreclosure?

Foreclosure Temporary Restraining Order

In that case, a Massachusetts homeowner was granted a temporary restraining order preventing the attempted foreclosure of her home by mortgage giant Wells Fargo Bank.

The homeowner sued Wells Fargo as a result of miscommunication with the bank, leading to the pending foreclosure.

The judge’s brief opinion is a reminder of the factors that must all be satisfied in order to obtain either a temporary restraining order or an injunction preventing foreclosure.

Factors Needed for Temporary Restraining Order

  1. The homeowner’s ultimate likelihood of success at trial;

  2. The potential harm to the homeowner if the motion is not granted;

  3. The balance of hardships between the homeowner and the foreclosing bank; and

  4. The effect of the injunction on the public interest.

In this case, the judge held that the potential for irreparable harm was “so great that it strongly compels” a restraining order. After all, if the restraining order were not granted, the homeowner would lose her home and would not be able to obtain redress related to her claim for illegal mortgage activity. The judge also held that the balance of hardships favored the homeowner because she would lose her home, whereas Wells Fargo would merely face a “brief delay.”

This decision shows how important it is to meet all the requirements for injunctive relief if you are going ask a court to stop a foreclosure. Culik Law has significant experience obtaining injunctions and restraining orders against foreclosure.

A copy of the decision is here: Richmond v. Wells Fargo Bank

Culik Law is a consumer protection law firm. Our attorneys represent Massachusetts homeowners dealing with mortgage issues, loan modifications, and foreclosures. If you’re having a problem with your bank or mortgage servicer, contact us to see if we can help.

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