How to Stop Foreclosure With a Temporary Restraining Order
The best way to temporarily stop a foreclosure up to the day before an auction, and when a homeowner does not need to otherwise declare bankruptcy, may be to file a Temporary Restraining Order (TRO).
A TRO is a legal order filed by an attorney on behalf of a homeowner against their lender. In most cases, it will result in a brief delay (30 days, give or take) of a foreclosure auction – which may provide enough time for a homeowner to sell a home using other strategies or catch up the payments. TROs are a legal specialty; you must have an attorney with this specialty lined up in advance if you need to utilize this maneuver.
The advantage of a TRO is that it can be done at the last minute just before the home is actually auctioned off by the lender. In addition, it does not require the homeowner to declare bankruptcy and thus often both a bankruptcy and foreclosure can be avoided. Once the TRO is filed, the auction is stopped or nullified until the lender has the TRO lifted.
The disadvantage to filing a TRO is that it costs money and is only a temporary delay.
Common Questions About TROs
Filing a TRO is a big decision. Before or in conjunction with exploring this option, make sure you talk with us. Regardless of your situation, income, or equity, we would love to help you!
Question: How and How Much? Answer: Generally, you consult with a TRO attorney and complete the paperwork. Attorneys charge different fees for this. We have seen this cost around $2,000 for most people.
Question: Does a TRO Stop Foreclosure? Answer: Yes, temporarily. TROs delay a foreclosure until the lender files a motion to have the TRO lifted. This almost always happens.