Restraining Order To Enjoin Sheriff’s Sale Denied
Hollowell v. Bornkempt, 2017 WL 3446676 (N.D. Ind. 2017) (pdf) is an Indiana federal court opinion following an Indiana state court foreclosure case wherein the borrower’s property was slated for a sheriff’s sale. The pro se borrower filed the federal court action seeking a temporary restraining order (TRO) to prevent the sale. For the following reasons, the Court denied the borrower relief:
1. The borrower did not convince the Court that the standard for an injunction was met. Primarily, the Court found the borrower was not reasonably likely to succeed on the merits of his claims (for FDCPA and TILA) violations.
2. The TRO was barred by the Rooker-Feldman doctrine.
3. There was no evidence that the borrower gave prior notice to the defendants of the TRO as the law required him to do.
Here are links to two other posts dealing with similar issues:
* Indiana Federal Court Denies Request For Injunction To Stop Sheriff’s Sale