Re: Foreclosure law

See an experienced real estate attorney quickly! You may be able to file for an injunction to stop the foreclosure while the loan issue is sorted out in court.

Re: Foreclosure law

As a general rule in California, the only way to stop a foreclosure is by paying the amount demanded by the lender. If there are any issues relating to the validity of their note and deed of trust, or whether they are actually the owner of the note and deed of trust, after paying the amount they demand, you must sue the lender to recover any amounts you have paid as a result of their misapplication of funds or other errors.

To force the lender to prove they are the true owners of the original note and deed of trust, you may be able to file suit then demand production of the original note through discovery. However, you may or may not be able to forestall the foreclosure itself (because you are going to have to convince a judge that you are probably going to win your lawsuit in order to get the judge to issue a restraining order).

Because these types of issues are extremely difficult to discuss in this type of forum, you should spend the time, and money, to conslut with an experienced real estate lawyer in your area.

Re: Foreclosure law

I agree with Attorney Johnson. This isn't something you can deal with by posting on this site and getting some free information. Your situation appears to be very complex, and requires a skilled attorney to review the documentation you have.

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