Sample California Complaint To Stop Foreclosure Sale by Trustee

1 Any Attorney or Party
Any Street
2 Any Town, CA 99999
3 555-555-5555
4 Any Attorney or Party
8 Superior Court of the State of California
9 For the County of ____________
10
11 Any Plaintiff, ) Case No.

)
12 Plaintiff, )
) UNLIMITED CIVIL, DEMAND OVER $25,000
13 vs. )
) VERIFIED COMPLAINT FOR:
14 Any Defendants, Does 1-100, inclusive, )
) 1 . VIOLATIONS OF HOMEOWNER BILL OF
15 Defendants. ) RIGHTS
) 2. VIOLATION OF CIVIL CODE 2923.5
16 ) 3. DECLARATORY RELIEF
) 4. INJUNCTIVE RELIEF
17 ) 5. ACCOUNTING
)
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)
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)
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Plaintiff, _________________, hereby complains and alleges as follows:
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1. Plaintiff, __________________(hereinafter referred to as Plaintiff) is and at all times
5 mentioned herein was, an individual, over the age of majority, residing in the City of _________,
6 County of _________, State of California, and the owner of certain real property commonly known
7
as __________ , __________ , __________ County, California, (the Property) which is legally
8
described as follows: INSERT FULL LEGAL DESCRIPTION AND INCLUDE ASSESSORS
9
PARCEL NUMBER.
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11 2. Defendant, _________________ (____), upon information and belief, is a federally
12 chartered savings bank, and is engaged in the banking business in California.

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3. Defendant, ________________ (____), upon information and belief, is a California
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Corporation and is a Trustee in the business of conducting non-judicial foreclosures of real property.
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4. This court is the proper court for trial in this action in that the Property is within
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17 this Courts jurisdictional area.
18 5. Plaintiff is unaware of the true names or capacities, whether they are individuals or
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business entities, of Defendant DOES 1 through 50, and therefore sues them by such fictitious
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names and will seek leave of this Court to insert true names and capacities once they have been
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ascertained.
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23 6. At all times mentioned herein, Defendants, and each of them, inclusive of DOES
24 1 through 100, were authorized and empowered by each other to act, and did so act, as agents of each
25
other, and all of the things herein alleged to have been done by them were done in the capacity of
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such agency. Upon information and belief, all Defendants are responsible in some manner for the
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events described herein and are liable to Plaintiff for the damages they have incurred.
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1 FIRST CAUSE OF ACTION
2 (Violations of California Homeowner Bill of Rights as against all Defendants)
3
7. Plaintiff realleges and incorporates by reference paragraphs 1 through 6, above, as
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though fully set forth herein.
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MODIFY THE WORDING BELOW TO FIT YOUR PARTICULAR SITUATION.
7 8. Defendants have violated the California Homeowner Bill of Rights in the following
8 manner:
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9. Defendants violated the provisions of Civil Code 2923.5, 2923.6, 2924.18 in that
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they recorded, or caused to be recorded, a notice of default even though they had not fully informed
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Plaintiffs of their opportunity to apply for a loan modification
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13 10. Defendants violated the provisions of Civil Code 2923.5, 2923.6, 2924.18 in that
14 they recorded, or caused to be recorded, a notice of default even though Plaintiffs had submitted a
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complete application for a loan modification which was still being considered.
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11. Defendants violated the provisions of Civil Code 2923.55 in that they failed to send
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the following required information to the borrower:
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complaint-to-stop-foreclosure-sale-by-trustee-in-california
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Sample California Complaint To Stop Foreclosure Sale by Trustee

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1 Any Attorney or Party

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of ____________

11 Any Plaintiff, ) Case No.

28 To view other documents for sale by LegalDocsPro visit

11 2. Defendant, _____________ (), upon information and belief, is a federally

12 chartered savings bank, and is engaged in the banking business in California.

17 this Courts jurisdictional area.

19 To purchase the entire 35 page document visit:

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