Dallas attorney Walker M. Duke of Duke Law Office, P.C. recently scored another victory for homeowners by stopping a Fort Worth-area foreclosure just 24 hours before the bank was going to sell the house. Duke, a foreclosure defense attorney, obtained a temporary restraining order that prevented the foreclosure sale. He also filed a lawsuit seeking a determination of the rights of the bank that tried to foreclose.
Attorney Walker Duke stated that there are “legitimate concerns about whether the bank even holds this homeowner’s mortgage.” More importantly, he said, “the bank did not comply with the clear requirements set out under Texas law. This homeowner did not even receive a notice of the foreclosure until four days before the sale was to take place. That’s a blatant violation of even the most basic foreclosure statutes.”
The accompanying lawsuit seeks declaratory judgment that the foreclosing bank has no right to conduct a sale and money damages for fraud.