What are common delays?
• The most common delay comes from the filing of bankruptcy. Pursuant to 11 USC §362, once a bankruptcy petition is filed, all actions seeking to enforce the Deed of Trust are stayed until such time as relief from the stay is granted. • A temporary restraining order is obtained from the Superior Court. • A preliminary injunction is obtained from the Superior Court. • The amounts stated in the Declaration of Default provided by the lender are incorrect, requiring a new Notice of Default and rescinding the original Notice of Default. • Money (partial payment) is accepted from the borrower subsequent to the filing of the Notice of Default without some type of forbearance Agreement. This acceptance may be deemed a waiver of the default. • The California Foreclosure Prevention Act applies. If the foreclosure is on a 1-4 family property, a first deed of trust, and the lender is not an exempted lender, the trustee must wait an additional 90 day period after the 3 month expiration of the Notic
