Initiation of foreclosure proceedings does not rise to the level of “irreparable harm” sufficient to justify a temporary injunction, the Fourth District Court of Appeal ruled.
The ruling came in a case involving a dispute over a $250,000 collateral mortgage, which the borrower claimed its original lender incorrectly assigned to a successor. Plus, the borrower argued, that successor nearly doubled the payoff amount to about $478,500—putting a kink in plans to sell the property to avoid foreclosure. In seeking the injunction, the plaintiff alleged usury and tortious interference in a real estate sale, but the Fourth DCA found otherwise.
