Where can I find a template for preliminary injunction to stop foreclosure sale based on failure to notice heirs, fraud?

Asked over 1 year ago - Riverside, CA

My mom died with no will. Left house with reverse mortgage. I notified Wells Fargo, provided Death certificate, Contact info and Letter of intent to sell. When probate documents DE-305 were being filed, I found out Wells had initiated foreclosure. NO notice to me as heir. I filed a complaint for fraud, wrongful foreclosure and quite title. Bank's attorney said they will not try to settle until moved by court. I need to file Preliminary injunction to get evidence in front of a judge. I just need a template. Can anyone help?

Attorney answers (3)

  1. Justin Drayton Graham

    Contributor Level 13


    Lawyers agree

    Answered . Be careful with this. To have standing to file an action for wrongful foreclosure, you have to be the borrower or someone with a legal interest in the subject property. I assume you are proceeding as administrator of the estate, in which case you could (and should) bring these matters to the attention of the probate judge, who has the power to stop foreclosure and appoint an administrator on an emergency basis. As far as templates as concerned, if you google "california foreclosure preliminary injunction," you will find a number of them.

  2. Michael Raymond Daymude


    Contributor Level 20


    Lawyers agree

    Answered . I agree with Mr. Graham's answer especially his note of caution. You need probate counsel. Documents you may find on the internet are generally ill suited for your purpose. If there are other heirs proceeding without counsel opens you up to personal liability for any mistake you may make. If you are a sole heir you stand to lose a lot if you get this wrong. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Richard Alan Rodgers

    Contributor Level 16


    Lawyer agrees

    Answered . You need to see a probate attorney, right away. At the time of filing the petition to open probate, your attorney can also go in to court ex parte for temporary restraining orders to stop the foreclosure long enough to have a hearing on the facts, and from there probably get a preliminary injunction during the pendency of probate.

    Richard A. Rodgers, Esq.
    (805) 230-2525
    200 N. Westlake Blvd. Ste 201
    Westlake Village, CA 91362

    As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no... more

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