August 9, 2010
An Arizona Superior Court Judge has issued an Order, on Motion of FDN’s Jeff Barnes, Esq. (admitted pro hac vice) and local counsel Richard Duffield, Esq. granting a preliminary injunction against a trustee’s sale. The Defendant bank had originally counterclaimed for judicial foreclosure, then attempted to dismiss that counterclaim after the borrower served a response to the counterclaim. The Court held that the attempted dismissal was improper and that a trustee’s sale cannot occur in the presence of a pending action for judicial foreclosure.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com