Legal Question in Real Estate Law in California

The why depends on the reasons that you seek an injunction. If you are having trouble making payments, then you should have sought a bankruptcy attorney and filed Chapter 13. Banks do not want homeowners to file Chapter 13, because it creates an automatic stay that stops foreclosure, and the banks are forced to the bargaining table to work out a true loan modification, rather than the current systems they use to lull homeowners into a false sense of security while conducting foreclosure.

You should be able to locate sureties by doing some research online. Some sureties are used to post supersedeas bonds, and will usually offer other bond services for court.

An undertaking (i.e., bond, see CCP 995.210) is required by Code of Civil Procedure section 529 whenever a court grants a preliminary injunction.

I have used an on-line bond broker at www.simplebond.com for injunction undertakings in the past; don't have any recent information about them including whether they still offer this product.

The judge sets the amount of the bond (undertaking) at a level he/she believes is sufficient to protect the defendant from financial loss in the event the case is decided against you and you therefore don't get a favorable judgment and permanent injunction.

As Mr. Roach implies by his answer mentioning Ch. 13, you'll need a very sound reason why this foreclosure shouldn't proceed to warrant going to court with a lawsuit and request for a preliminary injunction to make this worthwhile.

You obviously want to lose your house. You are in over your head and are just going to lose even more money if you keep trying to represent yourself. In nearly 25 years of real estate litigation practice I have never once seen a person in pro per win against an institutional lender. Paying the bond premium will be throwing away your money, since the injunction will almost surely be denied, if you don't have an attorney handling it for you. Chances are good, quite frankly, that with no attorney on the case, the bonding company will require a 100% collateralized bond - meaning you will have to give them cash or assign them assets worth $50,000 just to get the bond, and then pay the bond fee (called a premium) on top of it. If you really believe the foreclosure is illegal, find an attorney to represent you. If you are just doing this as a stalling tactic, you will not only lose, but will be out a lot of additional money as well. Go see a bankruptcy attorney.