What should I do after filing a complaint in Riverside?

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 generally not required in a lawsuit's proceedings. The recorder's office handles documents like deeds, liens, and court judgments. The conclusion of a case typically involves filing relevant documents there once the interests of the parties are determined.

Injunctive relief is a court order requiring someone to do or refrain from doing a specific action. To obtain a preliminary injunction, you must show that:

• You have a strong likelihood of success on the merits of your case;
• You would suffer irreparable harm without the injunction;
• The injunction wouldn't cause substantial harm to others; and
• The public interest would be served by granting the injunction.

In foreclosure cases, the debtor usually requests three things in this order:

1. A temporary restraining order (lasting typically under two weeks);
2. A preliminary injunction (lasting until the court decides the case); and
3. A permanent injunction (granted if you win your case).

An answer is your legal response to the allegations in the complaint. It should either admit or deny each claim or state an inability to admit or deny due to lack of knowledge. Valid defenses might include identifying the wrong borrowing party or proving timely payments. Lack of funds is not a valid defense. The answer allows you to argue why the property should not be foreclosed upon.