Attorney Walker M. Duke Stops Foreclosure with TRO Against Ocwen and HSBC

It was another good day for a Texas homeowner as foreclosure defense attorney Walker M. Duke obtained a temporary restraining order stopping Ocwen and HSBC from foreclosing.  The temporary restraining order, or TRO, was obtained in connection with a lawsuit against these two entities.  In the lawsuit, attorney Duke alleges that the homeowners note and promissory note had supposedly been securitized, or sold to an asset-backed trust to become part of a series of mortgage-backed securities.  The only problem is that the representations that HSBC made to the local county clerk did not match up with the representations HSBC made to the U.S. Securities and Exchange Commission.

“In my view, HSBC is lying to someone–either the SEC or the County Clerk,” Duke said.  “Either way, something doesn’t smell right.”

This particular attempted foreclosure came in the wake of reports that foreclosure filings in at least the North Texas area are down considerably.  Overall trends don’t mean much, however, when it’s your home that the bank is trying to sell.

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  1. #1 by Barbara Lang on May 23, 2013 - 4:24 pm

    I did a cash out refinance with HSBC in Dec. 2006. They used comps out of my zip code to appraise my home, they required me to borrow more than I asked for, then submitted it as a home equity loan. Since 2007, I have repeatedly tried to obtain a successful permanent modification, but each time they say they lose documents, or don’t receive the final payment that is required to permanently modify the loan. In the meantime, my loan has gone from $149000, to almost $1900000. I have all documentation including RESPA requests that have gone unanswered.

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