Legal Question in Real Estate Law in California

Re: foreclosure

You need to obtain a complete accounting as soon a possible. Do you have a receipt that you reinstated the loan? We would have to review your documentation if you need assistance.

Re: foreclosure

To answer your question literally, your remedy is probably an injunction. I would recommend pursuing remedies in court only after substantial efforts to resolve the issues out of court by negotiation have failed, or the sale date is close at hand.

What may have happened here is that the lender - the party you're paying - has already asked another party, asking as trustee, to carry out the foreclosure process, and there has been a breakdown in (rapid) communication between lender and trustee.

If you have to get an injunction, the process is to file a lawsuit assking some kind of legal or equitable relief such as declaratory relief (asking the court to declare your rights) and an injunction. At the time the suit is filed, your attorney would apply for a temporary restraining order to enjoin the sale. Later, (within a couple of weeks) there would be a hearing on the TRO to determine whether it should ripen into a preliminaty injunction, which would remain in place until trial on the main issue (declaratory relief).

Almost for sure, the mere filing of the action and granting of the TRO would cause the lender and the trustee to wake up and put their cards on the table, and the matter would get quickly resolved out of court (whichever party has made a mistake would be made aware of the facts).

If you need a lawyer, your best bet is one whose office is very close to the courthouse in the county where the property is situated, since asking for and defending TROs requires several trips to see the clerk and judge.

Re: foreclosure

Mr. Whipple is correct, you would have to file a lawsuit for declaratory relief and an injunction, stopping the trustee's sale. Your lawyer is going to have to draft paperwork fast and prepare a motion for a preliminary injunction.

Trustee's sales are usually set about 21 days after notice of the sale, so you do not have much time. I would not wait until the last minute, as this will severely prejudice your case.

Very truly yours,