In MILLER v. HOMECOMINGS FIN., LLC, 881. F. Supp. 2d 825 (S.D.. Tex. 2012), the court held that, where a secured lender seeks to enforce a lien against real property but cannot show that it was the assignee of the secured loan, the mortgagor/debtor has a cognizable cause of action for wrongful foreclosure. Texas courts permit debtors to sue for injunctive and declaratory relief to prevent wrongful foreclosure. In Texas, the traditional and proper way to prove chain of title is by filings of record in the county clerk’s office. Furthermore, “any transfer or assignment of a recorded mortgage must also be recorded in the office of the county clerk.” In this case, the court granted an injunction based on the theories of wrongful foreclosure, trespass to try title, and quiet title.