Legal Question in Real Estate Law in Texas

Temporary Restraining Order

Does anyone know how I can go about getting a Temporary Restraining Order to stop a foreclosure sale? Is it something a homeowner can personally do for a small court fee or do they need an attorney to complete the process? Please provide an attorney who provides this service in the Houston, Texas area for a reasonable fee. I am looking into this for several homeowners currently needing this assistance. I run into many homeowners on a monthly basis looking to postpone their sale for valid reasons and really need to find a resource to refer them to. Thanks


Asked on 6/14/07, 9:18 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Temporary Restraining Order

I can't imagine a competent lawyer geting the restraining order for less than $5,000.00. The homeowner will also have to put up a bond to get the order, in an amount sufficient to secure the lender against losses due to the missed foreclosure. If the homeowner's problems are strictly financial -- the only reason the house is going into foreclosure is the homeowner is behind on his payments -- bankruptcy might be a better option.

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Answered on 6/14/07, 9:31 pm


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