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Filing for a preliminary injunction court has not docs supporting my communication objecting sale of home from law office

Ukiah, CA |

after objection law office sent letter dropping me and not working on case. court not accepting injunction request as no law office rep why will objection not stop sale of home?

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Attorney answers 2

Posted

Filing an "objection" is not the same thing as obtaining an injunction, which is an enforceable court order.

A homeowner facing a non-judicial foreclosure in California may seek court intervention to stop the pending foreclosure sale. To do so, the homeowner must first file a lawsuit. The complaint must allege the legal basis for stopping the foreclosure. For example, there may be some instances such as violations of the Perata Mortgage Relief Act (Civil Code, § 2923.5 et seq.) whereby a plaintiff might apply for a preliminary injunction enjoining the trustee and lender from selling, auctioning, attempting to sell, auctioning, causing to be sold, transferring ownership or further encumbering real property. In such cases, the plaintiff homeowner could allege that defendants did not contact plaintiff to explore options to foreclosure prior to recording a Notice of Default, in violation of California Civil code § 2923.5, and/or that plaintiff was not properly notified of the pending foreclosure process pursuant to Civil Code §§ 2924(b) and 2923.5. The complaint might also allege that the note secured by the deed of trust was usurious and fraudulently obtained.

An injunction may be granted “[w]hen it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.” (Code Civ. Proc., § 526(a)(3).)

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Asker

Posted

Probate pending is a no will process and the family home that has been owned for decades has been paid for in full years ago.

Asker

Posted

I had a ex parte hearing 2/28/13 to obtain an injunction. I have to set a new ex parte hearing as the law office that no longer wants to work with me had not filed a substitution of council form. The form is being filed and ex parte for injunction to be rescheduled. Will it for sure work? I don't feel too confident representing myself.

Asker

Posted

Both ex parte hearing ending with no action and no injunction on sale of home. So the estate representative is still in process of sailing home knowing i'll object it is as if I have no rights.

Posted

The problem you present that bothers me is a lawyer dropping a client. What I want you to know is that we are "officers of the court" and obligated to continue diligently on the matters for which we are on the record unless and until relieved of our duties by the Court. So, if you lawyer has appeared for you he must continue until the Court excuses him. Furthermore, even if the lawyer did not appear for you, if he realizes that you are relying upon him, he must advise you in writing of his intention not to represent you and advise you to seek other counsel.

Having said all of that to you, it is obvious from the brevity of your question that you need legal help.

The advice provided is in good faith but not a guaranty of accuracy under all circumstances.

Asker

Posted

I obtained the substitution of council form finally today after calling to ask if their office if they planned to submit it as I was unable to speak at the ex parte hearing that I paid for to get an injunction that ended up being dropped with no action. They filed it as if I had requested it on the form I feel that it may end up being an issue for me as it looks as if I've excused their services and that is not at all true.

Gary Stephen Brown

Gary Stephen Brown

Posted

I suggest you look for a lawyer that will get involved in analyzing your case and helping you understand it, even if not everything is the way you want it to be.

Asker

Posted

that's another problem that i'm having is that all the law offices that I've called will not take the case.

Asker

Posted

I'm still having the worst time getting legal assistance in this town all the call backs that I've had tell me that there office has a conflict of interest.

Gary Stephen Brown

Gary Stephen Brown

Posted

Try ... The Los Angeles Family Law Help Center - www.lafamilylaw.org/

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