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Original Petition for Wrongful Foreclosure 1 - Ning

Original Petition for Wrongful Foreclosure 1 - Ning 2025

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The document is an Original Petition for Wrongful Foreclosure filed by Alvie and Julie Campbell against multiple defendants, including Mortgage Electronic Registration Systems, Inc. and Wells Fargo Bank, N.A. The plaintiffs allege that the foreclosure on their property was unlawful due to a lack of proper documentation and authority from the defendants to enforce the mortgage. They claim that the security instrument (Deed of Trust) was rendered void due to bifurcation from the original note, making any foreclosure action invalid. The petition requests a temporary restraining order to prevent further actions on the property during the litigation.

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How do I prove wrongful foreclosure in Texas?

In Texas, to have grounds for a wrongful foreclosure case, your attorney must typically prove one of these two things: That there was a defect in the foreclosure sale process. Maybe the lender failed to give you proper notice about the pending sale. Maybe you were on active duty or deployed with the US Military.

How do you dispute a foreclosure?

To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). Youll need to present your defenses and explain the reasons why the lender shouldnt be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.

How do you get a foreclosure dismissed?

One way to attack a foreclosure is to argue that the foreclosing party does not have standing to foreclose. If the foreclosing party cannot produce the promissory note on which the loan is based, the court likely will dismiss the case.

What is the cause of action for wrongful foreclosure?

In California, an action for wrongful foreclosure is a powerful legal tool for homeowners who believe their property was unjustly taken. This cause of action arises when a lender forecloses on a property without proper legal grounds or fails to follow the required procedures.

What is the affirmative defense to a foreclosure?

In the context of a foreclosure, an affirmative defense is a defense raised by the homeowner in response to the lenders claim that the homeowner has defaulted on their mortgage and that the lender is entitled to foreclose on the property.

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