Companion allegations for emotional distress and punitive damages usually accompany any wrongful foreclosure action. Additionally, the borrower may also obtain damages for emotional distress in a wrongful foreclosure action. A notice of pending action (“lis pendens”) is the most common companion to a wrongful foreclosure action.The causes of action alleged in a wrongful foreclosure action filed in California may include the following: breach of contract, intentional infliction of emotional distress, negligent infliction of emotional distress, violation of Business and Professions Code Section 17200 (Unfair Business Practices), quiet title, wrongful foreclosure (violation of Civil Code Section 2924and violation of 2923.5), accounting and/or promissory estoppel. A lis pendens is recorded in the county in which the real property security is located at the time the wrongful foreclosure action is filed.
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A notice of intent to foreclose is followed by a notice of default which is followed by a notice of trustee’s sale.
The last step, the actual non-judicial foreclosure sale, usually occurs within approximately 120 days from the filing of the notice of default.
A summary procedure for removing a lis pendens is provided in the California Code of Civil Procedure Section 405.3 et seq.