Sarah Holdener recently presented at a continuing education seminar on Legal Descriptions, Title Insurance and Surveys in Real Estate Transactions for NBI Seminars in Clayton, Missouri. Contact Sarah if you would like a copy of her presentation materials.
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).
Sarah Holdener has secured judgment on behalf of a bank client establishing the senior priority of its refinancing deed of trust, where another lender had initially agreed, but failed, to issue a subordination of its own deed of trust.
On behalf of an insured lender, Trent Bond obtained a favorable judgment following a bench trial, reforming a deed of trust and establishing lien priority. At issue was the borrower’s dispute of her intent to encumber the entirety of her property and her contest over the validity of her electronic signature on the underlying promissory note. The Court found that the borrower intended to encumber the entirety of her property and that she did electronically sign the promissory note on a computer terminal provided at the closing of the loan transaction.
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.
Bill Sauerwein and Trent Bond successfully resolved claims on behalf of a lender at a mediation conducted at Missouri University School of Law. At and following the mediation, a favorable settlement was reached with a contractor who filed a substantial mechanic’s lien against lender’s property.
Stewart Schneider and Adam Stockberger recently resolved a lender’s title insurance claim whereby the insured’s property was mistakenly encumbered by the neighboring owner’s warranty deed and deed of trust. A judgment was obtained correcting the legal descriptions in the deeds.
Bill Sauerwein was recently interviewed for a feature in the Ladue News’ Legal Corner regarding the importance of title insurance in real estate transactions and the role of real estate attorneys. You can view the article here.
Bill Sauerwein and Anne Kelly recently secured summary judgment in favor of a commercial property owner where a prior owner contended that no title was conveyed by a trustee’s sale due to irregularities in the foreclosure process.
On behalf of a Lending client, Trent Bond secured Summary Judgment invalidating a mechanics lien on the basis that lien claimant failed to file its mechanics lien claim within six months of last performance of any work on the site in violation of §429.080 RSMo.
Hein Schneider & Bond P.C.
This site is for informational purposes only and does not constitute legal advice. Past results afford no guarantee of future results. Every case is unique and must be judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements The attorneys at Hein Schneider & Bond P.C. are licensed to practice law in Missouri and in other states as noted on individual biographies. The firm and its attorneys practice only in jurisdictions in which they are licensed. Unless otherwise noted, all information on this website is the property of Hein Schneider & Bond P.C.