In Hardie, the plaintiffs filed an ex parte application for a TRO, seeking to enjoin a trustee’s sale of the property. As is often the case, the trial court granted the application so as to maintain the status quo, and the fee order followed. As a result of this opinion, lenders should consider TRO hearings seriously and make a reasoned decision whether to contest the application on the merits so as to avoid having to pay attorney’s fees.
– Keesal, Young & Logan Consumer and Business Lending Practice Group
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