How Do I File for Relief from Foreclosure in California?

Full question:

I am in a foreclosure default. They filed their documents in Riverside. I want to file an action against them in Riverside. If I file the complaint what do I have to do, if anything, with Riverside Records where they filed their non-judicial papers? Do you have a form covering this? Also, when I ask for a stay of the moving party with the courts do you have any form covering this stay?

• Category: Real Property
• Subcategory: Foreclosure
• Date: 04/07/2025
• State: California

Answer:

The land recorder's notice is generallly not required to be included in the notices of a lawsuit's proceeding. The recorder's office files documents such as deeds, liens, and court judgments, so the conclusion of a case when the interests of the parties involved are determined is typically when documents are filed there.

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that

(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.

In foreclosure lawsuits, the debtor typically asks the court for three things, in the following order:

-a temporary restraining order (which lasts for a certain number of days, typically under 2 weeks)

-a preliminary injunction (will last until the court decides the case), and

-a permanent injunction (which will be granted if you win your case).

An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint. The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. Defenses may also be raised. Lack of funds and inability to pay is not considered a valid defense. A valid defense may include such excuses as identifying the incorrect borrowing party to the loan contract, or having made all payments on time, among others. The answer is an opportunity to show why the property shouldn't be foreclosed upon. Lack of funds and inability to pay is not considered a valid defense. A valid defense may include such excuses as identifying the incorrect borrowing party to the loan contract, or having made all payments on time, among others. The answer is an opportunity to show why the property shouldn't be foreclosed upon.