When a foreclosure sale is imminent, a Temporary Restraining Order (TRO) or Preliminary Injunction can be the emergency relief that saves your home. Learn how to obtain emergency court orders to stop foreclosure sales within days.
A Temporary Restraining Order (TRO) is an emergency court order that immediately stops a party from taking a specific action — in foreclosure cases, stopping the lender from proceeding with a scheduled foreclosure sale. A TRO can be obtained within hours or days, often without the lender being present (ex parte), when the homeowner can show that immediate and irreparable harm will occur without court intervention.
A TRO is temporary by design — typically lasting 14 days or until a hearing can be held. It's a bridge to a Preliminary Injunction, which provides longer-lasting protection during litigation.
Critical Timing
TROs must be filed BEFORE the foreclosure sale. Once the sale occurs, a TRO is no longer appropriate — you would need to file a motion to set aside the sale or a wrongful foreclosure lawsuit instead.
| Feature | TRO | Preliminary Injunction |
|---|---|---|
| Duration | 14 days (extendable once) | Until case resolution (months to years) |
| Hearing Required? | May be ex parte (without lender) | Full hearing with both parties |
| Evidence Standard | Lower — imminent harm | Higher — likelihood of success on merits |
| Bond | Often lower or waived | Usually required |
| Purpose | Emergency stopgap | Long-term protection during litigation |
To obtain a TRO, you must demonstrate to the court:
Common legal grounds for a foreclosure TRO include: dual tracking, pending loan modification, TILA rescission, RESPA violations, lack of standing, and servicing errors.
A TRO can stop a foreclosure sale in its tracks — but timing is everything. Our team prepares emergency TRO packages for same-day filing.