Definition of "Injunction"

Lydia Macinta real estate agent

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Lydia Macintaelite badge icon

Towering Pines Real Estate

A court order issued to a defendant in an action either prohibiting or commanding the performance of a defined act. A violation of an injunction could lead to a contempt of court citation. There are many different types of court ordered injunctions; however, the most frequently used are permanent, preliminary, and temporary injunctions.


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Comments for Injunction

Wanda Wanda said:

can a person living on property place an injunction on it?

Jul 29, 2020  16:37:03

Real Estate Agent

Hey, Wanda! Of course, they can! It depends on the matter. Courts might be more hesitant to use injunctions rather than other forms of relief. This is because legal remedies are more appropriate for most disputes, but there are exceptions. If a dispute can be solved through payment for damages it is more likely that the court would choose that option. However, if paying for damages or other forms of relief are considered inadequate, an equitable remedy is awarded and this usually involves an injunction. As an example, think about a dispute between two homeowners over a row of old trees that are situated near the boundary line of their properties. One decides that he wants to cut them down while the other wants to preserve them. In this case, seeking an injunction is more appropriate because, if the trees are cut down the damage is already done, and there is no going back.

Aug 03, 2020  06:46:33
Dominique McNeal Dominique McNeal said:

I am trying to redeem my property from barment foreclosure, however the attorney refuses to issue a pay-off. Barment is May 8, 2019 at 5 pm

Apr 22, 2019  17:29:50

Real Estate Agent

Hello, Dominique! As far as I understand, you're trying to redeem a property before the foreclosure sale. What is your strategy? Do you have all the cash to cover the outstanding balance? Haven't you tried to refinance your mortgage? It is not very common to redeem a property before the foreclosure sale, but some states, including New Jersey, have what is known as the right of redemption. In New Jersey, you are given ten days to file a motion objecting to the sale and redeem your property. If you don't want to wait, bring this issue to the attention of your lender, try to find a new attorney or get in touch with a local real estate agent and discuss the best approach.

Apr 23, 2019  04:29:55
Regina L Hannah Regina L Hannah said:

Will filing an injuction stop foreclosure proceedings?

Apr 21, 2018  02:39:57

Real Estate Agent

Yes, Regina. That's what a foreclosure injunction does. The judge can do that permanently or temporarily, but as soon as a foreclosure injunction is declared in favor of the homeowner, the lender/government foreclosure is put on hold.

Apr 27, 2018  17:05:31
Tommy D Carroll Tommy D Carroll said:

A house that i own was condemned and i havent had the monies to get the home up to code so the county is tearing it down in about a week. I have invested a good bit of money trying to get the home in order and i am just a little over a week from finishing enough to where the home should pass inspection but the code lady said the only way to stop the proceeding was to get a temporary injunction and when it went to court to have the work completed and bring the paoer work and that everything would be stoped permenantly. I need someone who can do the injunction for me as im running out of time.

Apr 04, 2018  12:32:14

Real Estate Agent

Thanks for reaching out to us Tommy. Are you located in Fairfax, VA? If so, please reach out to one of our highly experienced real estate agents in Fairfax VA to further assist you in this important matter. If your property is located within another city please browse our extensive real estate agent directory to find a real estate agent.

Apr 04, 2018  13:09:45
Jezer Dedascalou Jezer Dedascalou said:

At what point during a potential foreclosure can you file an injunction

Mar 30, 2018  20:16:08

Real Estate Agent

Thank you for the question, Jezer!

Well, if an injunction is a judicial order restraining someone from beginning or continuing an action... the answer to your question is: any time between the moment a court order marks the house as foreclosed  (allowing the lender to put the house for auction)  and the moment the house has its title completely transferred to the new owner, because after that's done, if you contest it, it won't exactly be an injunction.

Apr 06, 2018  10:50:05
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