A temporary restraining order (TRO) can halt a foreclosure sale scheduled for tomorrow—or even later today. Here's how the process works and what you need to file.
Understanding the difference is critical for strategy:
Emergency, short-term order (14-21 days). Can be granted ex parte (without the other side present) if you show irreparable harm is imminent. Buys time for a full hearing.
Longer-term order lasting until trial. Requires noticed hearing where both sides argue. Harder to get but lasts longer. Usually set at the TRO hearing.
Courts have emergency procedures for same-day TRO applications. You can contact the clerk and request to be heard immediately if sale is imminent. File by noon if possible.
Under CCP § 527, courts apply a balancing test:
Your underlying lawsuit alleging the violations (HBOR, RESPA, fraud, etc.). The TRO motion is part of this case.
Motion requesting TRO without full notice. Explain why you couldn't give normal notice (sale is imminent).
Your sworn statement of facts—timeline, what happened, why you're entitled to relief. Attach exhibits.
Legal argument citing statutes and cases that support your right to injunctive relief.
Draft TRO order for judge to sign. Specify exactly what conduct you want enjoined.
Even ex parte requires some notice—call opposing counsel, email documents, file proof you tried.
Courts often require a bond (usually $5,000-$15,000) to protect the lender if the TRO is later found wrongful. Ask for a reduced bond or waiver based on financial hardship.
These violations significantly increase your chances of getting a TRO:
Yes, but it's challenging. You'll need to:
Courts are required to assist self-represented litigants, but you're still held to the same legal standards.
Ask the court to waive or reduce the bond. Provide evidence of financial hardship (income, debts, why you're in foreclosure). Courts have discretion to set bond at whatever amount is appropriate—including zero if you're judgment-proof.
This is a fuller hearing where both sides present evidence and argument:
Options include:
I file emergency TRO motions to stop foreclosure sales. If you have a sale date approaching, contact me immediately. Same-day filings are possible when necessary.