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Home foreclosure injunction rejected

San Ramon, CA |

an individual coherenced my wife and I into signing a note and deed over to our home..over a business investment. Now they are foeclosing. I applied for a TRO , which was granted on condition that I make all payments to keep note current.

The Preliminary Injunction was denied , the Judge said I need to clear the enite note..but is confused, the TRO meant to keep the first on the home current.
It would make no sense to pay off the note, which is what I am suing on as ilegally obtained and I am not responsible for...and if paid i wouldn;t even need an injunction.

How do I get the Judge to understand..or past this so I can get the injunction and then get to a trial.

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Attorney answers 1


The Preliminary Injunction was denied because the standard of proof was not met. The standard is that the judge feels that you are more likely than not to succeed or prevail in your suit or cause of action. Evidently, there was not enough or sufficient evidence produced at the hearing to convince the judge that you would prevail at trial.
You can still try the case and prevail on the basis that you don't owe the money.
Did you sign the Deed of trust also?

...By the way, the judge is not confused...he is the judge.

I find it amazing that you are at risk of loosing your home and you have not contacted an attorney.