When emergency legal action is needed, speed and precision are everything. We understand that urgent situations—like the threat of losing your home—require immediate and strategic intervention. That’s exactly what we delivered in a recent case involving a residential foreclosure.

Within just one week from being retained, we successfully obtained a Temporary Restraining Order (TRO) to halt the foreclosure process. Less than a month later, we secured a Preliminary Injunction—a critical win that protected the client’s home while the underlying legal issues are resolved.

Background of the Dispute

The dispute arose from a loan the client obtained to purchase a commercial warehouse. As a condition of the financing, the hard money lender required the client to pledge not only the warehouse but also two additional properties as collateral—including the client’s personal residence. A disagreement later emerged over the lender’s final disbursement. The lender claims it made the final payment and is therefore entitled to foreclose on any of the three properties. The client, however, maintains that the final payment was never made. As a result, the client argues that the repayment obligation was never triggered, the client is not in default, and the lender has no legal basis to foreclose on any of the properties.

Legal Standard for Preliminary Injunctions

Under California law, courts consider two key factors when deciding whether to issue a preliminary injunction:

  1. Likelihood of Success on the Merits: The court must assess whether the plaintiff has a reasonable probability of prevailing at trial.
  2. Balancing of Harms: The court weighs the irreparable harm the plaintiff is likely to suffer if the injunction is denied against the harm the defendant may face if the injunction is granted.  

Applying the Standard

The lender was attempting to foreclose on the client’s home, not the commercial warehouse that was the purpose of the loan. Recognizing the severe personal consequences of losing a residence, the court granted the preliminary injunction.

Why It Matters

This case is a textbook example of how swift, strategic legal action can make all the difference. From initial consultation to court victories, Turner Law Firm acted decisively to protect our client’s rights and home. If you’re facing an emergency legal situation, know that we’re ready to move fast and fight hard—because when it matters most, we know how to get things done.