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California Civil Code of Civil Procedure Section 526 et seq.

The issue at stake in nearly all injunctive relief action applications is the amount due and owing on the note and deed of trust.

The penalty for the borrower who wrongfully records a notice of pending action is that, in most cases, the court directs such a borrower to pay the servicers attorneys fees. While a lis pendens can be filed at any time in the foreclosure process, a borrower applies for an injunction prior to the foreclosure sale with the intent of keeping the foreclosure sale at bay until issues in the lawsuit are resolved.

The lawsuit can take anywhere from ten to twenty-four months.

To borrowers who choose to allocate their resources away from debt payment towards fighting a loan servicers right to its payments and its security, the nonjudicial foreclosure process is a war of attrition which ranges from the bankruptcy court, to superior court to municipal court. The wrongful foreclosure action is often brought prior to the non-judicial foreclosure sale in order to delay the sale, but the action may also be brought after the non-judicial foreclosure sale. A wrongful foreclosure suit filed in superior court will not necessarily delay a servicers recovery of its security.

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