Legal Question in Real Estate Law in California
If I have a lawsuit filed in the State of California for Predatory Lending against my lender, what are the chances of staying in my home, if i haven't made payments, until the lawsuit is completed? Is it unlawful for them to foreclose if they have a lawsuit filed against them?
3 Answers from Attorneys
This would be a great question to ask the lawyer who is handling the lawsuit against the lender. I doubt that your filing a lawsuit for "predatory lending" would stop, or even slow down, a foreclosure (in contrast to a bankruptcy filing which always stops a foreclosure). But maybe your lawyer has a plan for this.
Mr. Stone is correct, and if you have filed it without a lawyer, I can pretty much guarantee it will not stop the foreclosure.
You don't have a snowball's chance in hell staying in the home by filing a lawsuit, unless that lawsuit includes a preliminary injunction staying the trustee from conducting a nonjudicial foreclosure sale. The trial court must actually issue an injunction, to prevent the trustee's sale.
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