A Jan. 13 decision by Houston’s Fourteenth Court of Appeals provides hope for embattled homeowners seeking to avoid eviction if they can claim that a document crucial in a foreclosure procedure is void.
In Yarbrough v. Household Finance Corp. III, the appeals court considered whether an affirmative defense of forgery, supported by an affidavit alleging that the homeowners’ signatures were forged on a deed of trust, raises a genuine issue of title so intertwined with the issue of possession that it deprived two lower courts of jurisdiction in a forcible detainer action.
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