California Business, Litigation, Employment and Real Estate Attorney
Rydstrom Law
4695 MacArthur Court11th Floor
Newport Beach, California 92660
USA
(877) 946-4968
or(877) 946-4968
949-606-9716
www.rydstromlaw.com
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Homeowner's Do Not Always Have to Tender (Pay Mortgage) Before Suing the Bank!
Wrongful Foreclosure; Wrongful HAMP Denial: No tender is required to enjoin a foreclosure sale prior to the sale, in the event of [the bank’s] non-compliance with Civil Code § 2923.5 (Mabry v. Superior Court (2010) 185 Cal. App. 4th 208). However, even after the sale, a void, fraudulent or mistaken foreclosure process, sale or trustee’s deed can be set aside [or further enjoined].
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