STOPPING A CALIFORNIA FORECLOSURE SALE: SUMMARY OF PROCEDURE AND LAW

Why do I need a Complaint to Stop Foreclosure?

Because California is a non-judicial foreclosure state, lenders pursue foreclosure without first commencing a court proceeding. As a result, to stop a California foreclosure sale, a homeowner must take the initiative to get the court involved. You do this by filing a complaint and order to show cause with the court. Our California complaint and order to show cause forms are designed for use by homeowners who intend to represent themselves in court (self-represented litigants) Our downloadable kits are in MSWord format for immediate download.

Do the Forms Actually Stop Foreclosure?

Yes. thousands of California homeowners have obtained court orders staying a foreclosure sale with our complaint and order to show cause kits. The Superior Court stops a foreclosure sale from occurring if the lender has failed to comply with Setion 2923.5 of the CA Civil Code. Our California foreclosure defense forms have the defenses to foreclosure that have been most successful in stopping California foreclosure sales, including:

• Lack of Standing to Foreclose: In many instances, financial institutions lack legal standing to foreclose because they lack the underlying loan documents.
  
  
• Lack of Standing to Foreclose: In many instances, financial institutions lack legal standing to foreclose because they lack the underlying loan documents.
  
  
• If the statute requiring a lender to contact the borrower to explore options to prevent foreclosure before filing a notice of default is not complied with, then there is no valid notice of default, and without a valid notice of default, a foreclosure sale cannot proceed. West's Ann.Cal.Civ.Code § 2923.5.
  
  
• Failure to provide required notice: In many instances, property owners were not served with notices of default required by California law. In other instances, the notices are defective because they lack required information.