Another homeowner has avoided post-foreclosure eviction thanks to a last-minute temporary restraining order obtained by attorney Walker M. Duke of the Duke Law Office, P.C. A Dallas-Fort Worth family was facing eviction after being railroaded through, what attorney Duke called, a “ludicrous foreclosure process.” A Dallas County judge granted the temporary restraining order that directed the bank, their law firm, and the Dallas County Constable to suspend any efforts to move the homeowners and their belonging from their home.
The homeowners’ foreclosure defense attorney commented that this was one of the more egregious foreclosures based on the face of the documents involved. Duke noted, “The bank that foreclosed did several things–they conducted the foreclosure sale, sold the house, and transferred title through a deed–ten days before that bank supposedly even acquired any rights in the loan. That’s no conspiracy theory or securitization-based argument–that’s based on the bank’s own documents. You can’t sell what you don’t own.”
The temporary restraining order that stopped the eviction is a part of the homeowners’ ongoing lawsuit against the bank. Duke added, “This is a great opportunity to shed some more light on how fast and loose banks got with homeowners’ loans and the foreclosure process. I look forward to having our day in court.”