Posts Tagged eviction

Attorneys at Duke Seth, PLLC (foreclosure defense law firm) forced Citi Mortgage to rescind the foreclosure and offer homeowner a loan modification.

A homeowner in Dallas County approached foreclosure defense attorney Meenu Seth at Duke Seth, PLLC, after Citi Mortgage foreclosed on her property. While reviewing her case some interesting facts surfaced. Few days before the scheduled foreclosure sale, the homeowner was advised by the loss mitigation department of Citi Mortgage via phone as well via email that they have received her loan modification packet and are reviewing her for the same. She was assured that Citi Mortgage will not proceed with the scheduled foreclosure. Homeowner also received correspondence from Citi Mortgage, after the foreclosure sale took place that she is under review for loan modification. Homeowner was beyond shock when she was served with the notice to vacate. It was a clear case of negligent misrepresentation by Citi Mortgage, due to which the homeowner could not seek legal counsel to stop the foreclosure.

Attorney Meenu Seth sued Citi Mortgage for promissory estoppel and negligent misrepresentation. She obtained a Temporary Restraining Order (“TRO”) and stopped the eviction. Attorney Seth demanded Citi Mortgage to rescind the foreclosure and offer loan modification to the homeowner. After two months of rigorous negotiations, Citi Mortgage finally agreed to rescind the foreclosure and offered a loan modification to the homeowner.

Attorneys at Duke Seth, PLLC strive for such happy endings for their client


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Attorney Meenu Seth gets Another Post-Foreclosure Eviction Abated in Denton County

Denton County Court abated an eviction of a homeowner who was facing a lock-out after an alleged wrongful foreclosure on his house. Foreclosure Defense Attorney Meenu Seth filed the lawsuit in State District Court against Deutsche Bank, American Home Mortgage Servicing, Inc., (AHMSI), Homeward Residential, Inc., and American Home 4 Rent, challenging the authority of Deutsche Bank, AHMSI and Homeward to foreclose on the homeowner. Attorney Meenu Seth then filed the Motion to Abate in the eviction proceeding, pending in Denton County Court. Attorney Seth argued that the issues of title are pending in the State District Court and these title issues are crucial to be adjudicated before the County Court decides the issue of possession. After hearing Attorney Meenu Seth’s arguments and arguments of the opposing counsel, Denton County Court decided in homeowner’s favor and stopped the eviction, during the pendency of the lawsuit filed by Attorney Meenu Seth, on behalf of homeowner in State District Court.

The goal of Attorney Meenu Seth and other attorneys at Duke Seth, PLLC is to help the homeowners know their rights and to educate them about their options, either before foreclosure or post-foreclosure.

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Dallas Foreclosure Defense Attorney stopped another lock-out by obtaining a Temporary Restraining Order in Tarrant County against Wells Fargo and Fannie Mae

The homeowner in Tarrant County, approached Dallas/ Fort Worth foreclosure defense attorney Meenu Seth, 20 hours before the lock-out was scheduled. Attorney Meenu Seth, partner at Duke Seth, PLLC, reviewed all the mortgage related documents, drafted a lawsuit, filed it with the court and obtained the Temporary Restraining Order (TRO) within the next four hours after the very first meeting with homeowner. In the lawsuit, attorney Seth challenged the authority of Wells Fargo to foreclose on homeowner and Fannie Mae’s right to possession. Ms. Seth argued that it was a wrongful foreclosure. If the foreclosure conducted by Wells Fargo is void, then Fannie Mae does not get the right of possession just by virtue of filing substitute trustee’s deed with the County Clerk. The Court, after listening to the arguments and reviewing the documents, granted the TRO. The TRO stopped Wells Fargo and Fannie Mae from evicting the homeowner from his property.

The homeowner is still in possession of his property and Ms. Seth has been approached by the attorneys for Wells Fargo and Fannie Mae to settle the case. The settlement discussions are on going.

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Last Minute TRO Prevents Eviction in North Texas

Dallas foreclosure defense attorney Walker M. Duke kept a North Texas homeowner in his home, at least for a little while, after obtaining a temporary restraining order (TRO) that enjoined Bank of America from conducting an eviction.  The TRO immediately stopped the constable from locking out the homeowner.  According to the lawsuit filed against Bank of America, BOA wrongfully foreclosed on the homeowner even though the county property records showed a break in the chain of title.  Not surprisingly, MERS was involved in the transactions.

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Dallas Attorney Walker M. Duke Stops Eviction with Temporary Injunction

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.”

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