Our Firm's Story:  We Know Mortgages.


At Emerson Law Firm, LLC, mortgages are our day-to-day bread and butter.  We will be there for you when you acquire your home, but we don't stop there.  In troubled times, we can help you to protect your home and other assets.   And we don't do it like everyone else.   Thanks to our experience with real estate, loss mitigation (such as loan modifications and deeds-in-lieu), bankruptcy, and collections, we can provide a true 360-degree analysis of your individual financial situation and advise you as to the proper course.  The solution isn't always what you think.  Depending on the client's goals, we may advise clients not to defend their foreclosures or file for bankruptcy.     


Mortgage loan servicing and foreclosures have many nuances, and we are equipped to deal with them.  If you just want to delay the inevitable, you'll have no problem finding a low-cost attorney to represent you --- and, as the old saying goes, you'll get what you pay for. But if you want real results,  you need strong, experienced litigators with substantial knowledge regarding mortgage loans.

While we can't guarantee you will keep your home -- no law firm can do that -- we will tell you that if you can afford a modified payment, you have a very strong chance of doing so.  The firm's attorneys have the knowledge and experience to guide you through this difficult, stressful process.  Stalling so borrowers can "live for free" is not what our practice is about (although, with our involvement, the case may slow down significantly, as litigation is a slow process). Rather, we aim to obtain real value for our clients through thoughtful and purposeful representation.  Our firm's extraordinary effectiveness results from our comprehension of general principles of real estate law, as well as issues relating to loss mitigation (including loan modifications and short sales), mortgage loan securitization, negotiability of notes, and bankruptcy.

You might think you do not need a foreclosure defense because your loan servicer is evaluating your application for a loan modification.  In fact, your loan servicer may have even told you that defending your foreclosure is not necessary.  This is WRONG.  There are two things you should understand about loan modifications.   The first is that the loan modification process is separate from the foreclosure process.  This is called "dual tracking."  This means that even if you are working with your bank's loss mitigation department to complete a short sale (or other solution), the foreclosure process can and will continue.  If you do not defend your foreclosure, you will put your home at risk.

You should also be aware that, when you apply for a modification, your loan servicer collects certain data  (such as your financial information, your property's appraised value, and the cost of foreclosing on the home) in order to determine whether it is more profitable to grant you a loss mitigation option, or to foreclose on your home and sell it later. The lender/investor will simply choose the option that it believes will produce the most profit.   It's that simple.  The formula is affected by many factors, including but not limited to the market value of your home, the time and cost of litigation, your risk of re-default if your loan is modified, and/or a bankruptcy filing by one or more of the borrowers.  With proper representation, you are often able to impact one or more of these factors so that the balance of the formula tips in your favor.      

If you are in foreclosure, you can trust the attorneys at Emerson Law Firm, LLC to help.  We are not a high-volume, "cookie cutter" law firm.  We understand the essential elements of both loss mitigation and litigation and can balance these processes to obtain results.  And, because we are trained in Max Gardner's Bankruptcy Litigation Model, we are able to litigate issues related to your home in the bankruptcy court, should the need arise.