Follow Marin Events

• Home • Up • Restraining Order against Foreclosure • TRO and PRELIMINARY INJUNCTION • TRO ARGUMENT • DECLARATION OF BORROWER • Court awards attorneys’ fees for TRO • ORDER_ DENYING_TRO • REQUEST for INFORMATION • NOTICE of ERROR • Potocki v Wells Fargo •  GALLARDO v MTDS •
•  •

Even tho CA is a non-judicial State ( Foreclosure is not settled in Court) -- in order to stop/delay a Foreclosure you need to file a Temporary Restraining Order (TRO)

The example given here is when a Lender violates CA Homeowner's Bill of Rights

1. the REQUEST for INFORMATION (RFI) ( virtually most of the BORROWER's DECLARATION (now TRO Argument) is in this request in the form of asking questions ( without reference to anything legal -- in the hope that this will result in the Lender offering a Loan Modification or Deferral ( even tho Modifications and Deferral have already been denied and the APPEAL against that denial rejected) .

2. When the lender answers by ignoring the questions in the RFI -- add that to the Violations in the TRO ! ( even tho there is no mention of RFI in the CA Homeowner's Bill of Rights -- Federal Law governs RFI.).

3. I started with a BORROWER's DECLARATION + TRO but I moved all of the BORROWER's DECLARATION into the ARGUMENT of the TRO and dropped the declaration. The Declaration is appropriate when represented by an attorney and not representing yourself (Pro Se).

4. Send copy of TRO to Lender giving them 6 business days to respond before I filed it.

5. Lookup Process Servers local to Lender and Servicer and arrange for them to be served.

6. Attach PROOFS OF SERVICE to TRO

Questions to Ask a Foreclosure Lawyer

How Many HBOR Foreclosure Cases Have You Litigated in Court?

Is there any Marin Judge going to have HBOR experience (when CA is a Non-Judicial State)

What's the scenario when it takes 8 weeks before the TRO gets processed? ( Current court backlog)

How Often Will You Update Me About My Case?
One of the most common complaints against lawyers is that they take a case and then the client rarely hears from them. When they do get an update on their case or have a question, they only communicate is with a paralegal or an associate. While lawyers need these professionals to help them with cases, you should still mainly be working and communicating with the attorney you spoke with during your free consultation. If you are not, your case may not be getting the attention it deserves.

What Is Your Fee Structure?
They may work on a contingency basis, have a flat fee, or work based on an hourly rate.

What are the chances that a judge or the NONJUDICIAL PROCESS will tell the Lender to offer a Mod. ?

Procedural questions hope you will forgive me asking a few more procedural questions?

1. Is it appropriate to enter into the CIVIL CASE COVER SHEET cm010 the CASE NAME of “TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION” ? Or “Smith vs US Bank & SPS” ? Or

2. Are there any other Cover Sheets etc.. I should include ?

3. After I file the TRO and 8 weeks later it gets "processed" DO I get a letter ? Will there  be enuf time to subsequently get Proof of Service to bring to the court Hearing ?

4. Before anyone is served, a case needs to be filed and opened.. Do I use Proof of Service form POS-040 ?

5. How do I find out when a CASE NUMBER gets assigned ?


6. If this is inappropriate – I apologize – I realize that a Foreclosure TRO is out of your scope, -- but looking over the format, layout…. maybe something you MIGHT be able to point out deficiencies ?

You may submit your filings by mail http://www.marincourt.org/contact.htm  or in the drop box outside of Room 113.