Emergency TRO / Injunction Motion

INTRODUCTION

1. [YOUR NAME] ("Movant") respectfully moves this Court for an emergency Temporary Restraining Order ("TRO") and Preliminary Injunction to halt all foreclosure proceedings against the property located at [PROPERTY ADDRESS] (the "Subject Property").

2. A foreclosure sale is scheduled for [SALE DATE], just [NUMBER] days from the filing of this Motion. Without immediate court intervention, Movant will suffer irreparable harm through the loss of Movant's home.

3. As set forth below and in the accompanying Complaint/Answer and Counterclaim, Movant has a substantial likelihood of prevailing on the merits because [PARTY] lacks standing to foreclose, provided no consideration for the alleged debt, and has engaged in fraud.

STATEMENT OF FACTS

4. On or about [ORIGINAL LOAN DATE], Movant executed a promissory note with [ORIGINAL LENDER] for $[LOAN AMOUNT].

5. [FORECLOSING PARTY] now claims the right to foreclose on the Subject Property.

6. Movant has disputed this alleged debt and the foreclosing party's standing through:

• Qualified Written Request dated [DATE]
• Debt Validation Request dated [DATE]
• Notice of Lack of Consideration dated [DATE]
• Affidavit of Truth dated [DATE]

7. Despite these disputes, the foreclosing party has proceeded without proving:

• Ownership of the original promissory note
• Valid chain of title
• Provision of any consideration
• Standing to foreclose

8. A foreclosure sale is now scheduled for [SALE DATE].

LEGAL ARGUMENT

I. MOVANT IS LIKELY TO SUCCEED ON THE MERITS

9. To obtain a TRO and preliminary injunction, Movant must demonstrate a substantial likelihood of success on the merits. Movant satisfies this standard because:

10. Lack of Consideration: The foreclosing party cannot prove it provided any consideration for the alleged debt. Banks do not lend pre-existing money; they create deposit entries using the borrower's promissory note as the source of value. Without consideration, no valid contract exists.

11. Lack of Standing: The foreclosing party cannot produce the original "wet-ink" promissory note, a complete chain of endorsements, or valid assignments. The alleged debt has been securitized, and the note and mortgage have been separated in violation of established law.

12. Fraud: The original lender made false representations about the nature of the transaction, failing to disclose that Movant's promissory note would be the source of the funds.

13. Unrebutted Affidavit: Movant's Affidavit of Truth dated [DATE], setting forth these facts, remains unrebutted after [NUMBER] days.

II. MOVANT WILL SUFFER IRREPARABLE HARM

14. Without injunctive relief, Movant will lose Movant's home - the place where Movant and Movant's family reside. Loss of one's home is the quintessential irreparable harm.

15. A home is unique and cannot be replaced by money damages. Even if Movant ultimately prevails, the home will be sold to a third party, creating a cloud on title and potentially requiring years of additional litigation.

16. Additionally, Movant will suffer:

• Displacement of Movant and family
• Destruction of Movant's credit
• Emotional trauma and distress
• Loss of equity in the property
• Loss of the ability to fully litigate this case

III. THE BALANCE OF HARDSHIPS FAVORS MOVANT

17. The harm to Movant from losing Movant's home vastly outweighs any harm to the foreclosing party from a brief delay in proceedings.

18. If the foreclosing party truly has a valid claim (which Movant denies), they will ultimately prevail and can foreclose at that time. A delay merely preserves the status quo.

19. If, however, Movant is correct that no valid debt exists and the foreclosing party lacks standing, then allowing the sale to proceed would result in a wrongful taking of Movant's home.

IV. THE PUBLIC INTEREST SUPPORTS INJUNCTIVE RELIEF

20. The public has a strong interest in preventing wrongful foreclosures based on fraudulent practices, fabricated documents, and lack of standing.

21. The foreclosure crisis revealed widespread fraud in the mortgage industry, including robo-signing, fabricated assignments, and improper securitization. The public interest is served by requiring parties claiming the right to foreclose to actually prove their claims.

22. Additionally, the public interest favors allowing judicial resolution of legitimate disputes rather than allowing potentially unlawful seizure of property.

REQUEST FOR RELIEF

WHEREFORE, Movant respectfully requests that this Court:

1. Issue an Emergency Temporary Restraining Order, effective immediately and without bond, restraining and enjoining [FORECLOSING PARTY], its agents, servants, employees, attorneys, and all persons acting in concert with them, from:
   • Conducting any foreclosure sale of the Subject Property;
   • Taking any action to evict Movant from the Subject Property;
   • Recording any documents affecting title to the Subject Property;
   • Transferring or assigning any interest in the alleged debt;
2. Set this matter for hearing on a Preliminary Injunction within 14 days;
3. Following hearing, issue a Preliminary Injunction maintaining the status quo until trial on the merits;
4. Waive any bond requirement, or in the alternative, set a nominal bond;
5. Grant such other relief as the Court deems just and proper.

REQUEST FOR EX PARTE RELIEF

23. Movant requests that the TRO be issued ex parte (without prior notice to the opposing party) because:

• The foreclosure sale is scheduled for [DATE], leaving insufficient time for normal motion practice;
• Movant will suffer immediate and irreparable injury before the opposing party can be heard;
• Movant's counsel/Movant has made attempts to notify opposing counsel at [PHONE/EMAIL];
• The reasons supporting the request for TRO are set forth in the accompanying Affidavit.

VERIFICATION / AFFIDAVIT

STATE OF [STATE]

COUNTY OF [COUNTY]

I, [YOUR NAME], being first duly sworn, depose and say:

1. I am the Movant in the above-captioned matter and make this affidavit based on personal knowledge.

2. The facts stated in the foregoing Motion are true and correct to the best of my knowledge and belief.

3. A foreclosure sale of my home at [ADDRESS] is scheduled for [DATE].

4. I will suffer immediate and irreparable harm if the TRO is not granted because I will lose my home and be displaced.

5. I have attempted to contact opposing counsel at [CONTACT INFO] regarding this emergency motion.

[YOUR NAME]

Sworn to and subscribed before me this [DAY] day of [MONTH], [YEAR].

Notary Public
My Commission Expires: ____________