Attorney Sandra Margaret Emerson's Legal Cases

Chapter 7 bankruptcy

U.S. Home Ownership, LLC v. Ortiz, 12 CH 5727

Oct 01, 2015

OUTCOME: Debt discharged and lien on home completely released

The homeowners owned their property as tenants by the entirety, but only one spouse signed the mortgage. Therefore, the mortgage was void under Illinois law. Emerson Law Firm filed a motion for summa ... ry judgment in the foreclosure case on that basis. The plaintiff debt buyer then announced its intention to seek an equitable lien. Emerson Law then filed a Chapter 7 for the homeowners, scheduling the property as unencumbered due to the void mortgage. The trustee abandoned the asset and the entire debt was discharged. This left only the lien on the home. After the bankruptcy discharge, U.S. Home sought to establish an equitable lien in state court. Emerson Law Firm re-opened the bankruptcy case and filed a motion for contempt for the debt buyer's violation of the discharge injunction. The motion was successful and resulted in an attorney fee award to the homeowners in excess of $12,000. Thereafter, Emerson Law filed a motion for summary judgment in state court, which resulted in the plaintiff's voluntary dismissal of the foreclosure case and a full and unconditional recorded release of their mortgage. In addition to getting clear title to their home, the delighted homeowners received payment of their foreclosure court costs.

Foreclosure

U.S. Bank v. Kosterman, 2015 IL. App. (1st) 133627 (2015)

Aug 18, 2015

OUTCOME: Trial court reversed and remanded by Appellate Court, First District

(SIMON) Lack of standing is an affirmative defense to mortgage foreclosure case. The appellate court ruled that the trial court erred in striking affirmative defenses at pleading stage, as that prevent ... ed Defendants from taking discovery on possible defenses, which amounted to "summary judgment by ambush." The defendant homeowners were improperly denied the opportunity to mount a meaningful defense to the foreclosure action because the plaintiff bank failed to produce records relied on by bank's vice-president of loan documentation who signed the affiidavit in support of bank's motion for summary judgment. The bank also refused to produce the affiant for a deposition. (NEVILLE, concurring; LIU, dissenting.)

Real estate

$35,000 cash for keys on investment property; foreclosure dismissed

Mar 14, 2012

OUTCOME: Foreclosure case dismissed/ $35000 cash for keys.

Successfully closed a short sale transaction involving two loans on an investment property. Cash incentive for seller was $35,000, only part of which was used to satisfy the second lien. After the sh ... ort sale, the firm filed a successful motion to dismiss the foreclosure with prejudice.

Foreclosure

Case dismissed after successful loan modification

Oct 18, 2011

OUTCOME: Case dismissed.

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. and that she should just file for bankruptcy. We filed an answer and discovery and assisted with client's submission of a loan modification application. Seventeen days later, the client was extended an offer for a trial loan mod under the Making Home Affordable program. She successfully completed her trial payment plan and had her loan permanently modified. And of course, the foreclosure was dismissed.

Sandra Margaret Emerson's Legal Cases (4)

U.S. Home Ownership, LLC v. Ortiz, 12 CH 5727

U.S. Bank v. Kosterman, 2015 IL. App. (1st) 133627 (2015)

$35,000 cash for keys on investment property; foreclosure dismissed

Case dismissed after successful loan modification