Need to file a TRO in Oregon at the Federal Court Monday or Tuesday of this week.The TRO is against my mortgage lender to stop a Foreclosure scheduled forJuly 2nd. Have a comprehensive audit of over 16 wrongful & ilegal practices the bank did on my Loan. Do you know which type of TRO I should use?D
State/Country relating to question: Oregon
Contacted Legal Shield for a referral. The first opening is after July 2nd. Spent several hours in the law library researching lis pendence and TRO info. I think I can write up my own lis pendence but would really like some assistance if at all possible.
What do you mean "which type of TRO"?
In researching TRO's it usually refer's to restraint from abuse. I needrestraint from working on or coming on to my property to prevent the bank or it's field service company from coming onto my property.
There is really only one "kind" of TRO. Let me give you a basic run down on the theory and see if that helps.What you are actually seeking is "injunctive relief". A TRO is one form of injunctive relief.When you file for injunctive relief what you are usually asking for is three three different kinds. The first is the TRO, which can be asked for and received without notice to the other side. It is of short duration and can ask the court to order someone to do, or not do, basically anything. The TRO can be issued without notice to the other side and seeks to prevent immediate and irreparable harm for which there is no adequate remedy at law and it is issued without notice because there is no time for notice before the harm may occur.The TRO is then served on the person along with whatever other papers you have filed. At the time the court grants the TRO the judge usually also sets a date and time for the hearing and that date and time are either contained as language in the TRO or as a separate document.At the hearing for the TRO you would then put on enough evidence to justify the judge extending the TRO into a Temporary Injunction, which lasts longer. The Temporary Injunction may have a date by which it expires or be for a specific duration. Usually it is in place until you have a final hearing at which you will put on the full case and the judge will then issue a Permanent Injunction, although if there are other causes of action filed, such as a lawsuit to declare a contract void, the judge may take another action which makes a permanent injunction unnecessary.So, to go back to the beginning, while you may ask for different kinds of relief in a TRO they are really all the same "type" with the exception of a protective order or something specific to violence. Those work the same in most aspects, the evidence just may be different.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.
Began practicing law in 1992
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