Legal Question in Real Estate Law in Texas

Can A Foreclosure Be Stopped?

Can a foreclosure be stopped if a suit is filed against the mortgage company for deceptive practices and fraud? If the company's files and computers were under subpoena, would that stop the foreclosure?


Asked on 4/02/09, 10:56 am

2 Answers from Attorneys

Re: Can A Foreclosure Be Stopped?

The suit for fraud and DTPA is independent of the foreclosure. If you want to stop the foreclosure, you need to either ask the other side to voluntarily stop, pending the outcome of the case, file a restraining order/injunction or seek bankruptcy protection. This is not automatic.

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Answered on 4/05/09, 11:47 am
Cheryl Rivera Smith The Smith Law Firm

Re: Can A Foreclosure Be Stopped?

You need a restraining order to stop a foreclosure.

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Answered on 4/02/09, 10:59 am


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