California Foreclosure Defense
Document Preparation

In California judicial foreclosure cases, you have 30 calendar days from the date you were served to file your Answer. This is a hard deadline — weekends and holidays count. If you miss it, the lender can file for Default Judgment and you lose your right to defend the case. Don't wait until day 29. Contact us immediately after receiving the summons.

Generally, no — in California, to stop a non-judicial trustee sale, you must file a civil lawsuit and obtain a Temporary Restraining Order (TRO). The trustee can proceed with the sale unless a court order stops them. This is why filing a civil complaint with TILA/RESPA violations is so important — it creates a legal barrier to the sale. We prepare these civil lawsuits for CA homeowners.

No. California provides no post-sale right of redemption for non-judicial foreclosures. Once the trustee sale happens, you cannot buy back the property. This is why acting before the sale date is critical. In judicial foreclosures, a limited redemption period may apply, but non-judicial foreclosures (90% of CA cases) offer no second chances.

The Superior Court in the county where your property is located. Each of California's 58 counties has its own Superior Court with specific local rules, filing fees, and procedures. We prepare documents formatted for your specific county — Los Angeles, Orange, San Diego, Riverside, San Bernardino, Alameda, Sacramento, or any other CA county.

Common violations we find in California cases include: dual tracking (foreclosing while a loan modification is pending — illegal under California Homeowner Bill of Rights), robo-signing (unsigned or fraudulent documents), broken chain of title (MERS/securitization defects), TILA disclosure failures, RESPA violations (failure to respond to Qualified Written Requests), and HBOR violations specific to California law.

The California Homeowner Bill of Rights (HBOR), codified at Civil Code §§ 2920.5–2924.20, took effect January 1, 2013. It provides five core protections: (1) prohibition on dual tracking — the lender cannot foreclose while evaluating your complete loan modification application; (2) requirement for a single point of contact who can access your full file; (3) requirement that foreclosure documents be verified and reviewed by a person with actual knowledge — anti-robo-signing; (4) a private right of action allowing you to sue for material violations; and (5) enhanced notice requirements including a pre-foreclosure outreach requirement for certain owner-occupied properties under § 2923.5. HBOR violations can form the basis for both an injunction to stop the sale and a claim for damages.

Yes. We provide a free, no-obligation case evaluation for California homeowners facing foreclosure. During the evaluation, we review: the type of foreclosure (judicial vs. non-judicial), where you are in the timeline (pre-NOD, post-NOD, or post-NTS), potential lender violations (TILA, RESPA, HBOR), your mortgage documents for defects, and what legal options are available. Call 323-813-4113 or visit our Get Started page to schedule your evaluation. There is no cost and no obligation — just clear information about your legal position.

In non-judicial foreclosure (approximately 90% of CA cases): the lender uses the "power of sale" clause in your deed of trust under CA Civil Code § 2924. No court case is filed. The process moves through the county recorder's office — NOD → NTS → trustee sale. To stop a non-judicial foreclosure, you must file a separate civil lawsuit and obtain an injunction. In judicial foreclosure (approximately 10% of CA cases): the lender files a lawsuit in Superior Court. You receive a summons and have 30 days to file an Answer. The court oversees the process through trial or settlement. Judicial foreclosure typically provides more opportunities for defense but also carries a potential deficiency judgment risk. Most CA deeds of trust contain power of sale clauses, making non-judicial the default path.