Ok, I couldn’t help myself from putting up a Halloween-themed title today. But it will definitely be a good night for a Fort Worth area couple who will get to stay in their home to hand out candy to trick-or-treaters. A judge granted these North Texas homeowners’ application for temporary injunction, which orders Citibank/CitiMortgage and Fannie Mae to cease all efforts to evict the couple from their home while their lawsuit against Citi and Fannie Mae is ongoing.
The homeowners, represented by foreclosure defense attorney Walker M. Duke, filed suit in early 2011 seeking declarations that CitiMortgage had no interests or rights in their mortgage when it foreclosed on their home in October 2010, and that Fannie Mae’s purchase at the foreclosure sale was therefore void. Following this foreclosure sale, Fannie Mae attempted on two separate occasions to evict the homeowners and have the constable remove their belongings.
One side note–the homeowner that Citi and Fannie Mae tried to evict is a Vietnam veteran who has stage-4 cancer. At least for today, the trick is on them.