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Sandra Margaret Emerson
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Sandra Emerson’s Legal Cases

5 total

  • Private foreclosure client

    Practice Area:
    Foreclosure
    Date:
    Jan 04, 2011
    Outcome:
    Complaint dismissed for lack of standing
    Description:
    The client contacted our office after receiving notice that a judgment of foreclosure had been entered and a judicial sale was scheduled. We filed a motion to vacate the judgment, which was granted. We were subsequently allowed to file a motion to dismiss for lack of standing. The motion to dismiss was also granted, with leave given to plaintiff to re-file if plaintiff could locate documents supporting its standing. To date, plaintiff has not located the documents or filed a new complaint.
  • Private foreclosure client

    Practice Area:
    Foreclosure
    Outcome:
    Case dismissed; in-house modification.
    Description:
    Our clients did not realize that their real estate taxes had gone up. Consequently, they fell behind in the mortgage. Because the costs of foreclosure were added to the arrearage, the clients lacked the funds to reinstate the mortgage. We participated in the court's mediation program, which enabled the client to receive an in-house modification. The case was quickly dismissed.
  • Private foreclosure client

    Practice Area:
    Foreclosure
    Outcome:
    Complaint stricken under CCP 2-619(a)(9)
    Description:
    This case was brought by a securitized trust plaintiff. Upon a motion to strike and dismiss the complaint, attorney Sandra Emerson argued that the plaintiff had no standing because the trust had not complied with its own endorsement requirements in its trust agreement and the mortgage was assigned to the trust after the trust's closing date in violation of IRS REMIC provisions.
  • Private foreclosure client

    Practice Area:
    Foreclosure
    Date:
    Oct 18, 2011
    Outcome:
    Loan permanently modified and case dismissed
    Description:
    The client came to us with $54,000 in arrears after attempting loss mitigation for 18 months. A housing counselor advised her that she could not afford her home and she should just give it up, and a "help desk" attorney told her that her foreclosure wasn't worth defending. We filed an answer and discovery and sent in a loan modification application for her. Seventeen days later, the client was extended an offer for a trial HAMP. She successfully completed her trial payment plan and now has her loan permanently modified. And of course, the foreclosure was dismissed.
  • Private foreclosure & short sale client

    Practice Area:
    Real Estate
    Date:
    Mar 14, 2012
    Outcome:
    Foreclosure case was dismissed, and client obtained cash for keys.
    Description:
    Successfully closed a short sale transaction involving two loans. Cash incentive for seller was $35,000, only part of which was used to satisfy the second lien. After the short sale, the firm filed a successful motion to dismiss the foreclosure with prejudice.