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1IN THE SUPERIOR COURT OF [PROPERTY STATE] IN AND FOR [PROPERTY COUNTY] COUNTY, STATE OF [PROPERTY STATE]

[Plantiff] [Plaintiff Street Address] [Plantiff City, State, Zip] Plaintiff, v. [Lender/Servicer] [Trustee] and Does 1 through 50 Defendant.

CASE NO.:

PLAINTIFF’S MOTION TO ORDER A TEMPORARY RESTRAINING ORDER

PLAINTIFF’S MOTION TO ORDER A TEMPORARY RESTRAINING ORDER Plaintiff requests that the Court issue a Temporary Restraining Order stopping and/or preventing the foreclosure of Petitioner’s home/property located at [PROPERTY ADDRESS].

The Defendant has issued a Notice of Trustee Sale and intends to sell the property at a public auction on [TRUSTEE SALE DATE]. The sale will proceed unless a Temporary Restraining Order is granted to resolve the controversy in this civil action.

This matter arises out of Defendant’s actions seeking to foreclose on Plaintiff’s home/property. Plaintiff is alleging wrongful foreclosure in that Defendant does not have standing to foreclose. Plaintiff has requested documents and material from Defendant for proof of claim and standing to foreclose. Defendant has not supplied Plaintiff with this proof.

Plaintiff has enclosed an Affidavit in support of the TRO as evidence and truths presented before this Honorable Court.

Granting the TRO will not result in even greater harm to the nonmoving party. the Defendant can not enter an objection to this TRO. Plaintiff Motions this Court grant a TRO based on evidence presented before this Honorable Court. reputation within the community. prove they are a lawful Holder in Due Course. Respectfully submitted: [DATE SUBMITTED]. to wit. and credit rating. If Defendant can prove a valid claim. Wherefore. the Defendant is no longer a real party of interest in the loan. nor standing to foreclose. As evidenced in the pleading/quiet title action. prove they are a Real Party of Interest. and proof that they have lawful standing to foreclose in the face of legitimate requests for this proof is tacit agreement that they do not have a valid claim. Plaintiff’s motion having satisfied the requisite elements. the depravation of Plaintiff’s legally protected property and all the trauma that goes with it. proof that they are a lawful Holder in Due Course. Denial of TRO will result in irreparable harm. proof that they are a Real Party of Interest. _______________________ [PLAINTIFF] . Furthermore. then they are still able to foreclose. and prove they have lawful standing to foreclose. the Defendant has no standing in this controversy. Defendant’s failure/refusal to provide proof of a claim. Plaintiff’s rights are clear and unambiguous. The Defendant merely is acting in the capacity of a servicer.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 There is a likelihood of success on the merits of Plaintiff’s case. Until the Defendant can establish proof of claim. since the loan has been securitized. including damage to Plaintiff’s relationships.

Certified Mail to: [LENDER-SERVICER-TRUSTEE W/ADDRESS] This ______ day of _________________.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by U. 2011 .S.

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