The above image is an accounting of all paperwork collected during a two-year-long battle to secure a modification. It worked. It is 7 inches thick, weighs 20 pounds and includes a 20-page typed Lender Timeline. The minute you start talking with your lender about anything start your binder and your timeline. Locate all of your original loan documents; include them in this binder. Forget your fear, know the facts, learn the court rules, build a record, do not get complacent and be sure to check the Court Records and the County Recorders Office for anything new. When possible buddy up with another interested party or group to prevent lenders or lawyers from filing anything relevant without your knowledge.

Please follow the guidelines below and begin to build a record to substantiate your claim to home ownership. Your biggest enemy is fear which can be controlled if you follow these guidelines; don't be afraid to defend yourself.

Answer all calls and letters from your lender. Do not ignore them; the sooner to deal with them, the better chance you will have to save your home.

When you have received a notice of default, or as soon as you are notified of a foreclosure sale:

1. Call the lender and ask who holds the promissory note which is secured by the Deed of Trust . . . this will be used to sell your home at a foreclosure sale. You need to know who the actual “holder in due course” of the note (including name, address, phone numbers, email - any and all contact information). Refer to the Qualified Written Request letter.
2. Track everyone you speak with: Ask for their name, title or employee ID number. Record the time and date of your call(s), the number(s) you dialed, and the response of the representative. (Although you cannot legally record phone calls for use in court you can transcribe the recording to an affidavit on paper and get it notarized.)
3. Ask for a certified copy of the front and back of the note which shows all endorsements of the note, i. e. the physical transfers of the note which will tell you who actually owns and possesses the note.
4. Proceed on a rigid schedule. Contact your servicer/loan holder at least once a month. If you put your head down, you will lose. Tell them that you have previously called, written (by certified mail) and faxed and have not received relevant response.
5. Also it is essential for you to go to the County Recorder office as well as the Court Clerks office and check to make sure the lender has not filed anything without your knowledge.
6. If you have a sale date, even if it seems that it's been postponed, be sure to attend the sale with at least one witness (preferably non-family) or with as many witnesses as possible. Notify the auctioneer that you are there to oppose the sale of your property and that a lawsuit is pending.  Bring court documents to indicate any action underway, and show them to prospective buyers; this generally halts action on one's property (but not always!).
7. Observe anyone announcing a postponement, note the time of that announcement, especially if such an announcement of a postponement is made more than a few minutes late. A late announcement may invalidate a later sale.
8. Bring a camera or use your cell phone . . . take photographs before you speak with anyone at the sale site. You do not want them paying attention to you while you take photos. Pictures ARE worth a thousand words; these may prove valuable later.

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After you have thoroughly documented your requests for production of a certified copy of the front and back of the note and a copy of the chain of transfers, file an application for a temporary injunction (TRO - Temporary Restraining Order) postponing the sale until the lender has produced the note.

The application for a temporary injunction must be accompanied by an application for an order to show cause. It must also include a legal brief and time line repeatedly requested documents including applicable points and authorities, a proposed order to show cause, a declaration that you sent relevant requests to all the interested parties, and how and when you sent the documents.

It is important to know if the sale is scheduled before the court will rule on the application to show cause, then you will need to file an ex-parte application to shorten the time for the hearing on the application for a temporary injunction along with a declaration as to why the time should be shortened.