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Get ready for your hearing

Texas district court

Temporary restraining order / temporary injunction to stop a sale

You ask a judge to order the sale not to go forward while your lawsuit is decided. The judge weighs whether you are likely to succeed and whether you would suffer harm that money cannot fix.

General courtroom guidance, not legal advice. The papers you received (the citation, the notice, the court's order) set your real deadlines. Free legal aid can review your plan.

Write my statement

What happens

  • You file a verified petition (sworn facts) asking for a TRO; the judge may decide quickly, sometimes the same day.
  • A TRO is short and must be followed by a temporary-injunction hearing with evidence.
  • If the judge grants relief, you will usually have to post a bond set by the court.

Who is there

  • The judge
  • The lender's or trustee's lawyer (if notified)
  • You and any witnesses

What to bring

0 of 5 ready · Saved on this device

What the judge may ask — practice cards

Question 1 of 3

“Why will you suffer irreparable harm?”

How to address the judge

Say "Your Honor" when speaking to the judge. Say "Judge" if you forget — that is fine too.

Courtroom manners

  • Arrive at least 30 minutes early; security lines can be slow.
  • Dress neatly, as for an important meeting. Silence your phone.
  • Stand when the judge enters and when you speak, unless told to sit.
  • Speak only when it is your turn; never interrupt the judge or the other side.
  • If you do not understand a question, say so and ask the judge to repeat it.
  • You may ask for a court interpreter. Ask the clerk before the hearing day if you can.

How to present your papers

  • Bring three copies of every paper you want the judge to see: one for the judge, one for the other side, one for you.
  • Put them in date order and number them (Exhibit 1, 2, 3…).
  • Ask: "Your Honor, may I hand up Exhibit 1?" Wait for permission before walking to the bench.
  • Envelopes, certified-mail receipts and postmarks can prove dates — keep them.

How to mention a case

Say the case name and citation slowly, then one sentence on why it matters: "Your Honor, in Sauceda v. GMAC Mortgage, 268 S.W.3d 135, the court held … Here, …". Hand the judge and the other side a printed copy if you can.

What not to say

  • Do not call anyone a liar or a crook. Say what the papers show instead.
  • Do not guess. If you do not know, say "I do not know."
  • Do not promise payments you cannot make.
  • Do not bring up things the judge cannot decide today; stay on the question in front of the court.

Rules to read

  • Tex. R. Civ. P. 680
  • Tex. R. Civ. P. 682
  • Tex. R. Civ. P. 684

Cases that may help at this hearing

  • Homeowner wonBinding

    Ogden v. Gibraltar Savings Ass'n

    640 S.W.2d 232 · Decided 1982

    Mr. Ogden owned a house in Corpus Christi. After he fell behind, the savings association posted a trustee's sale and sold the house. He sued for wrongful foreclosure and lost in the lower courts.

    Why this case

    • It deals with notice of default & chance to cure and wrongful foreclosure, which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    • Courts deciding your case must follow it.
    Read the case
  • Homeowner wonAppeals court in your state

    Sauceda v. GMAC Mortgage Corp.

    268 S.W.3d 135 · Decided 2008

    The Saucedas fell behind on their Robstown home loan while, they said, they were working with the servicer in a "home retention program." The house was sold at foreclosure for about $88,800. They sued for wrongful foreclosure and the trial court threw the case out before trial.

    Why this case

    • It deals with wrongful foreclosure and notice of sale, which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    Read the case
  • Homeowner lostBinding in federal court

    Martins v. BAC Home Loans Servicing, L.P.

    722 F.3d 249 · Decided 2013

    Mr. Martins refinanced his Texas home, later fell behind, and the servicer foreclosed. He argued the servicer could not foreclose without holding the original note, that he never got notice of the sale, and that the servicer had orally agreed to modify his loan.

    Why this case

    • It deals with wrongful foreclosure and loss mitigation & dual tracking, which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    • Federal courts in your state must follow it.
    Read the case

You are not the first

People have stood where you are standing and been heard. These are real, sourced outcomes.

  • $2 billion

    Servicing errors led to $2 billion in principal reduction

    Federal and state authorities ordered Ocwen, then the largest non-bank mortgage servicer, to provide $2 billion in principal reduction to underwater borrowers and $125 million in refunds to people already foreclosed on, over servicing misconduct.

    Source: Consumer Financial Protection Bureau
  • $73 million

    About $73 million returned to more than 40,000 borrowers

    A federal court order in the CFPB's case against Nationstar (Mr. Cooper) required about $73 million in redress to more than 40,000 harmed borrowers, including distressed homeowners.

    Source: Consumer Financial Protection Bureau
  • $9.961 billion

    Homeowner Assistance Fund

    The federal Homeowner Assistance Fund provided $9.961 billion, distributed through states, territories and tribes, to help homeowners facing hardship. Programs and deadlines vary by state; ask your state housing agency what is still open.

    Source: U.S. Department of the Treasury
  • Free / low cost

    HUD-approved housing counselors

    HUD-approved housing counseling agencies can give independent advice, often at little or no cost. The CFPB keeps a searchable list of counselors near you.

    Source: Consumer Financial Protection Bureau

Recent homeowner wins in the library