When Is It Too Late To Stop a Foreclosure?

When Is It Too Late To Stop a Foreclosure?

When is it too late to stop a foreclosure? The honest answer is actually you can stop it even the day of the foreclosure. For us to help you though, we typically need at least a week or two because what we need to do is do an assessment to assess whether or not there’s grounds to go into court to stop a foreclosure.
If we find grounds, and we usually can find grounds because the servicers and the letters aren’t perfect. They typically will violate California law, but not every case. But if we do find grounds, what we need to do is draft a complaint, file that with the court and then go in for what’s called an ex parte hearing for a temporary restraining order.
Also referred to as a TRO. What we want to do then is ask the judge, she or he, to stop the foreclosure from happening. And then the court will set a formal hearing at a later date so that the other, the bank or servicer, has their attorney appear. And the court will decide whether or not to issue what’s called a preliminary injunction.
Preventing any future foreclosure activity through the duration of the litigation or until further court order or settlement.