Chalk up another win in Texas for homeowners. Attorney Walker Duke of Duke Law Office, P.C. obtained a temporary restraining order in Dallas County, stopping a foreclosure sale that was to take place on the courthouse steps just 18 hours later. Wells Fargo brought the foreclosure, though HSBC Bank USA had a hand in it as well. Despite efforts to negotiate with Wells Fargo, the bank would not back down from its efforts to foreclose.
“There were some serious questions about the chain of custody of the house Note and deed of trust, and whether the bank had the right to foreclose,” said attorney Walker M. Duke, who represented the homeowners. “Because the consequences of foreclosure are so harsh, I think the Court made the right decision to take a second look at the bank’s claims.”
Duke further advised, “Unfortunately, this is another example of how the banks will run over homeowners’ rights without blinking. Wells Fargo would not even listen to the very same arguments that the Court accepted. Had it not been for this temporary restraining order, this house would have been sold.”