A Dallas-Fort Worth-area family will get to stay in their home while pursuing litigation against Nationstar Mortgage and Fannie Mae, who foreclosed and tried to evict the homeowners from their residence. Foreclosure defense attorney Walker M. Duke obtained a temporary injunction, which prohibits the banks from evicting the plaintiffs and their family while the lawsuit is pending in court.
The lawsuit seeks a judicial determination that Nationstar Mortgage had no right to foreclose on the homeowner’s property and that as a result, Fannie Mae, who bid on the property at the foreclosure sale, had no right to take possession of the house.
Attorney Walker Duke of the Duke Law Office, who represents the homeowners, applauded the court’s ruling. “The property records, which were filed by the bank, are false on their face. It’s clear there are legitimate issues as to title and why the bank filed such blatantly false records with county. I’m very pleased that the homeowners will be able to keep their house while investigating the bank’s misbehavior.”
Duke cautioned that bank mistakes are not uncommon. “Property records have been maintained by local county officials for literally hundreds of years–it’s the foundation of our American property system. There are laws that require these records to be accurate when filed. Apparently, the banks feel these laws don’t apply to them. I’m just trying to hold them accountable.”