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. 

FIRREA and standing arguments win dismissal and judgments for client

Bill Sauerwein and associates Anne Kelly and Mike Schroer combined efforts to obtain a dismissal of claims filed in the United States District Court against the FDIC.  The case involved an attempt by a partnership to invalidate a multi million dollar deed of trust delivered to a bank later placed in receivorship by the FDIC.  The court in entering its Judgment agreed that the action was barred by FIRREA and that the Plaintiff lacked standing to bring the action based in part on the Supreme Court’s opinion in Lutjan v. Defenders of Wildlife, 504 U.S. 555 (1992).

Agency Defalcation

Bill Sauerwein won a Motion for Summary Judgment on behalf of an insurer against an intervening claimant in a case arising from the defalcation of a title insurance agency.