John Hein scores a victory on appeal for a national title insurance underwriter.

To collect losses paid by an insurer as a result of a builder’s mechanics lien claims, John Hein won the right on appeal to pursue collection against the individual owner of the company by piercing the corporate veil. The Trial Court awarded judgment but denied the Creditor’s Bill against the individual owner. John obtained a reversal in part from the Missouri Court of Appeals Eastern District. The Appellate Court allowed the insurer to pierce the corporate veil on remand and to pursue claims against the individual owner of the homebuilder corporation for negligent misrepresentation, fraudulent misrepresentation, negligent concealment, and fraudulent concealment, and to pursue its Creditor’s Bill.

The full opinion can be found here.

Bill Sauerwein successful on appeal on behalf of purchaser of foreclosed property.

The Southern District of Missouri Court of Appeals issued its opinion in favor of Bill Sauerwein’s client, Treadwell Enterprises, Inc., in a case filed originally in Greene County, Missouri – The Bank of Missouri vs.  South Creek Properties, LLC, et. al. There, former owners of property sought to unwind a foreclosure and sale of property to Treadwell by maintaining that the Trustee under a Deed of Trust acted wrongfully and by asserting that the deed received by Treadwell was invalid. The former owners contended that the Trustee failed to follow fundamental procedures and that the Southern District’s previous opinion in Winters v. Winters, 820 S.W. 2d 694 (Mo. App. S.D. 1991) required that the sale and deed be set aside. In its written opinion, the court adopted Sauerwein’s arguments that the Trustee who foreclosed and sold the property to Treadwell acted in accordance with the law, that Winters did not require that the deed be set aside, and that the sale and Trustee’s Deed were valid. The court’s opinion can be found here.

Judgment obtained by Bill Sauerwein and Trent Bond affirmed by Court of Appeals

A judgment obtained by Bill Sauerwein and Trent Bond on behalf of a group of homeowners has been affirmed by the Missouri Court of Appeals. In issuing its lengthy opinion, the court of appeals held that correction of the homeowners’ vesting deeds was permitted and proper, even to the detriment of a mechanics’ lien judgment creditor whose sought to attach and enforce its judgment against the homeowner’s property.  The execution on the judgment was quashed and the lien claimant was permanently enjoined from executing against the property in satisfaction of his judgment against the original developer. Read the full opinion at Missouri Land Dev. I, LLC v. Raleigh Dev., LLC, Missouri Court of Appeals, ED99258 (June 28, 2013).

Bill Sauerwein recovers $1,403,265.33 for his client following appeal.

Bill Sauerwein recovers $1,403,265.33 for his client in a case filed in Western District of the Federal District of Missouri concerning the sales proceeds from several tracts of Boone County commercial real estate.  The action by filed by an estate sought to declare void the loan and deed of trust given to Sauerwein’s clients, successor to a failed bank and purchaser of the bank’s assets, and have the sales proceeds distributed to the estate.  The case ended following a favorable Eighth Circuit appeal.  The Eighth Circuit’s opinion extended the powers of the FDIC under 12 U.S.C. §1821 (j) of the Financial Institutions Reform, Recovery and Enforcement Act, affirmed the validity of title to the assets, and interpreted Missouri partnership law in ruling in favor of Sauerwein’s client. 

Bill Sauerwein successful before Eighth Circuit

Bill Sauerwein succeeded on appeal before the Eighth Circuit on behalf of the FDIC and a purchaser of a bank’s assets in an action which involved the FDIC’s powers under FIRREA and the validity of title to financial assets transferred to the FDIC’s purchasers. After a successful result before the Federal district court for the Western District of Missouri, the Eighth Circuit Court of Appeals upheld the decision of the trial court in a written opinion found at Dittmer Props., L.P. v. FDIC, 2013 U.S. App. LEXIS 4018 (February 27, 2013). The Eighth Circuit’s opinion extended the powers of the FDIC under 12 U.S.C. §1821 (j), affirmed the validity of title to the assets transferred, and interpreted Missouri partnership law in ruling in favor of Sauerwein’s client. 

The attorneys of Sauerwein Simon & Hein tour the Missouri Court of Appeals Eastern District

The attorneys of Sauerwein Simon & Hein P.C. enjoyed a private tour of the Missouri Court of Appeals Eastern District in St. Louis on December 13, 2012.

 

Bill Sauerwein obtains favorable opinion from Western District on “Party in Possession” exception to Title Insurance coverage

In Missouri’s first appellate opinion interpreting the “party in possession” exception to a standard title insurance policy, the Western District Court of Appeals held that the provision is unambiguous and that the standard exception to title insurance coverage excluded coverage for an Adverse Possession claim and a claim for Boundary by Acquiescence.  In its opinion, the Court thoroughly examined the language of the exception to coverage and the coverage analysis undertaken by the insurer at the time it denied coverage in affirming the trial judge’s grant of a Motion for JNOV.  The full opinion can be found at 2012 WL 4074418.

Bill Sauerwein obtains reversal of trial court’s judgment in the 4th District of Illinois.

Representing a property owner and a lender, Bill Sauerwein successfully argued for reversal of a trial court’s judgment awarding damages and a lien to a judgment holder which attributed fault to the negligence of the title insurer.  The 4th District Appellate court reversed in a lenghty opinion – United Community Bank, et al. v. Prairie State Bank & Trust et al (2012 WL 2834221) that explored the doctrines of Equitable Conversion, Equitable Subrogation, and the duties owed to a Junior Lienholder by a title insurer.

Appellate Victory Obtained on Behalf of Title Insurer

On behalf of a national Title Insurer, Bill Sauerwein obtained reversal of a trial court’s judgment against the Insurer.  The Missouri Appellate court, Western District, reversed an entry of a judgment for damages against Chicago Title Insurance Company in Appeal Number WD72673 in a case that began as an effort by Chicago Title to correct an error in vesting deeds.  Chicago Title was later sued for attorneys fees incurred by the defendant in the action to quiet title.  The Appellate court held that Chicago Title was clearly entitled to a reversal on the dispositive issue of causation and that her attorney’s fees and costs were “self-inflicted” expenses and remain her responsibility.

Favorable Supreme Court Writ Denial

Paul Simon, Jr. and Adam Stockberger obtained denial of a writ of prohibition from the Missouri Supreme Court in favor of their client, concerning the trial court’s finding that the opposing party had waived its right to a jury trial under Missouri Supreme Court Rule 69.01.