Does a foreclosure negate a court ordered injunction for the same real property?
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Does a foreclosure negate a court ordered injunction for the same real property?
Individual who was bound by the court ordered injunction now believes he can carry out transactions on the same property since the property is now currently in foreclosure, thus releasing him from the injunction order.
Asked on August 4, 2011 Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When a court issues an injuction against a particular person ordering him or her to do or not do something, the court's order remains in effect until that court changes the order, the order expires under its own terms as stated in the order, or a higher court than the one that issued the injunction changes the injunction's order.
Whether or not the real property in your question is in foreclosure or not, the person who is subject to the injunction is required to abide by the court's order unless the circumstances in the first paragraph apply.
If the person is acting in violation of the injunction as issued to him or her, that person very well could be deemed in violation of a court order with serious results including, but not limited to, an order to show cause regarding contempt of a court order with jail time as the result and payment of attorneys fees to the other side in a subsequest hearing for violation of the injunction.
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