Success in the Court Room:

 I was at your LA seminar. I just used your materials and tools and obtained my first restraining order today. The Notice of Trustee’s Sale was filed and served before the Notice of Default which stated that that the property could not be sold for three months after the Notice of Default was recorded. The Judge also granted the TRO based on inability to determine the real party in interest! YAHOO!

My client has a 1.4M home in the trails in WestlakeVillage.  His business has suffered greatly due to the recession.  His mortgage payment was about $6K per month.  He made a deal with them such that his payments would be reduced to $2000.00 and the excess would be added to the back of the loan.

Out of nowhere, he received a Notice of Trustee's Sale.  He had the DOT but not the Promissory Note.  The lender and trustee on the DOT were different than those claiming to foreclose.  There was no substitution of trustee.  Last week, my client received a Notice of Default with a recordation date of May 27.  The Notice stated that they would not foreclose for another 3 months from the date of the recording of the Notice.  The date set for the Trustee's Sale was this Thursday, June 18, an apparent violation of the statement in the Notice of Default. 

The Judge was persuaded that the party seeking to foreclose was not the holder of the note.  Also, he was persuaded that no trustee sale should take place due to the 3 month statement on the Notice of Default.  The Judge signed my TRO as drafted.  When I served it on ETS Services (the party conducting the sale), the representative was incredibly pissed off.  My hearing for preliminary injunction is now set for June 29.  There were a lot more violations, but those were what the Judge seized on.