Home Foreclosures: 3.4.7 Bond Requirements and Challenges to the Authority to Foreclose
In some jurisdictions, a bond requirement comes into play when a borrower seeks to enjoin a pending non-judicial foreclosure sale.250 The bond demanded could be an amount equal to the full outstanding loan balance.251 This bond is characterized as a “tender” of the underlying debt. Courts view the tender as an element of the borrower’s burden in raising an equitable challenge to a foreclosure.