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Hello folks and thank you for joining me once again for another episode of the Foreclosure Dispute Resolution Internet Radio Webinar. I am your host, Anthony Johnson.
In this episode, we will discuss how to move a Court for an injunction in a non-judicial foreclosure state. We will focus on the State of Georgia and its Official Code of Georgia Annotated (O.C.G.A), Section(s) 9-5-1 and 9-5-3, which allow a homeowner, who reside in the property, to argue that a lender does not satisfy the necessary legal standing requirements to institute a foreclosure, take possession, custody, and control of the property, and ultiimately remove a homeowner from their property and seek a deficiency judgment.
O.C.G.A. 9-5-1 provides that equity, by writ of injunction, may restrain any act of a private individual or corporation which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided at law.
O.C.G.A. 9-5-3(b) provides that writs of injunction may be issued by the superior courts to enjoin sales by sheriffs, at any time before a sale takes place, in any proper case made by application for injunction.
For more information, contact A. Johnson & Associates, LLC, Mediators, Arbitrators, Negotiators, at 888-502-0586, or www.adr-now.com.
DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. We are Alternative Dispute Resolution Practitioners. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.
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