Legal Question in Real Estate Law in California

Re: Real estate loan

You can file suit to obtain an injunction stopping the foreclosure, however, I have read reports (I have not seen the actual cases) of some attorneys who have filed suit to stop foreclosures on the basis of other violations of Federal and State law in the documentation of the loan (RESPA, TILA, etc...), and purportedly, the Courts have refused to intervene in the non-judicial foreclosure process. Again, I have only read reports of these cases, and not seen them so I can't verify them.

I would suggest that you get a hold of a real estate litigation attorney in your area, and review the case for the possibility of seeking a stay of the foreclosure based upon their mistake. It might help with negotiating some sort of accomodation on the loan. Irrespective of whether you can stop the foreclosure, you need to figure out your end-game - in other words, even if the foreclosure is slowed down, or forced to start over, ultimately you are going to have to refinance or pay off that loan. If that's not going to be possible, then you really need to examine the cost-benefit of filing suit to force them to start all over if ultimately you are still going to lose the house.

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