Legal Question in Real Estate Law in California

Well that would depend on what your basis for getting a stay would be. If there is something illegal about the foreclosure, you file a lawsuit and immediately seek a temporary restraining order. If the foreclosure is legitimate, all you can do is pay the debt or file for bankruptcy - which will automatically stay any and all collection of debts.

Your choice of the words "temporary stay" suggests that you are thinking of some kind of court proceeding or action. In an occasional unusual circumstance, you might be able to obtain a temporary stay of a foreclosure by trustee's sale in a state court proceeding, but you'd need a pretty substantial legal reason, plus to go beyond a TRO and get a preliminary injunction you'd probably be required to post a bond. Another way is to file a bankruptcy action in federal bankruptcy court. This is usually a last resort because having a bankruptcy on your credit rating is bad, and also in bankruptcy your other assets (and liabilities) will be sucked in to the proceeding. Also, a foreclosing lender can petition for relief from the automatic stay, and thus the foreclosure is typically delayed maybe a couple of months.

The other ways to delay a foreclosure are (1) negotiate some short-term forbearance with your lender; or (2) pay the amount now due, which typically will be the entire loan balance plus interest and penalties.

Be very cautious about dealing with any foreclosure-prevention remedies that are being peddled by fly-by-night lawyers or non-lawyers who suggest filing all kinds of suits alleging lender misconduct, requiring them to produce the original promissory note, etc. etc. A high proportion of these stop-foreclosure-now plans are either half-baked or downright scams and don't have the desired result.