Practice Areas

ERW Law is a full service firm whose attorneys are experts in the wide range of issues that arise in default servicing. We represent clients in contested and uncontested foreclosure matters, including assisting with loss mitigation services and mediations, as well as bankruptcies, post-sale evictions, REO closings and more. ERW’s talented litigators put a premium on being responsive to our clients and are relentless in pursuing great results.

Litigation
ERW Law focuses on complex litigation and is always prepared to represent our clients’ interests in court. Our attorneys have experience representing the mortgage servicing community in a variety of litigation actions including title claim defense, counterclaim defense, defense of contested foreclosures, quiet title actions and more. We also provide defense of claims brought under the Fair Debt Collection Practices Act (state and federal), Truth in Lending Act, Homeownership Equity Protection Act and Real Estate Settlement Procedures Act. In addition, ERW attorneys are highly experienced in litigation related to actions involving the Federal Housing Administration (FHA), deeds in lieu and mediation.

Foreclosure
ERW Law attorneys are experts in managing all aspects of foreclosure, from complaint through sale, and represent clients in both residential and commercial foreclosures. In addition, we represent institutional and private lenders in the reclamation of titled assets and resale of those assets in our REO practice. ERW’s foreclosure practice is recognized for superior service on title issues, providing professional and complete title exams in order to ensure that our clients’ foreclosure actions are completed in a timely manner. Our foreclosure attorneys are also experienced in litigating deficiency judgments in order to make our clients whole.

Bankruptcy
ERW’s bankruptcy practice manages all aspects of bankruptcy cases and provides representation for lenders and servicers during a debtor’s Chapter 7, 11 and 13 proceedings. Upon receipt of notice of a borrower’s bankruptcy filing, we work expeditiously to notify the servicer and work to protect its interests in the bankruptcy forum.

Post-sale/Eviction
ERW’s post-sale and eviction practices manage the necessary actions to move a foreclosed property onto the market (occupied or not). Judgments prepared by our firm direct the clerk of the court to issue a writ of possession upon application of the plaintiff and without subsequent order of the court, when the court allows. Our eviction team works diligently to move the file through the process while keeping the servicer updated on all action including the scheduled eviction and lockout date for all matters.

REO/Closing/Title
Owned 100 percent by ERW Law principal Elizabeth Wellborn, Oak Ridge Title, Inc. provides comprehensive services for REO closings including REO title reports, title insurance, closings and title resolution. Our in-house foreclosure attorneys and title experts work with asset managers, buyers, sellers, agents and brokers to begin the curative process and ensure all parties are working toward closing the property as efficiently as possible.

Loss Mitigation
ERW’s loss mitigation practice assists lenders and borrowers in finding alternatives to foreclosure. With a team of professionals always up-to-date on the latest loss mitigation and mortgage relief programs, we work within the guidelines provided by each servicer to identify all available options to promote home retention while protecting the interests of our clients. Our loss mitigation experts are also responsible for all payoff and reinstatement letters sent to borrowers and opposing counsels, and all scheduling and attendance at mediations. Borrowers that wish to discuss their options can learn more by contacting ERW at (954) 354-3544, or Lossmitigation@erwlaw.com.

Latest News