Legal Question in Real Estate Law in California

The language in the material you quote suggests that it was written with the laws of some other state in mind. We don't often speak of county courts or sheriff's sales in discussing California foreclosures. You need to understand that the laws and procedures affecting foreclosure are very different in California than, for example, in the East or Midwest.

In California, nearly all foreclosures are done by trustee's sale, because nearly all home loans are promissory notes secured by deeds of trust containing a "power of sale" giving the lender/beneficiary of the trust deed to power to direct the trustee to sell the collateral. Trustee's sales can sometimes be halted, when legal cause exists, byt filing a lawsuit in Superior Court in the county where the property is situated, and after the suit is filed, promptly moving for a temporary restraining order (TRO). This kind of restraining order requires that a suit be pending in the court, so you have to file suit first.

You are unlikely to be granted a TRO unless you can convince the judge at the TRO hearing that good cause exists why the lender should not be permitted to exercise the power of sale. If the lender has the right to order the sale, and has followed pre-foreclosure procedures, the TRO will likely be denied, or allowed to expire quickly.

The fact that you are negotiating with the lender for a loan modification is generally not a reason for restraining a sale. You need to show something more concrete, such as that the loan itself was fraudulent, or the lender hasn't followed statutory procedures.

I agree with Mr. Whipple. The language that you refer to applies to foreclosure of a mortgage in other states, and not foreclosure of a deed of trust through a trustee's sale in California.