John Hein and Grant Mabie obtain rare reversal from the Missouri Appellate Court following appeal

In the Spring of 2015, a local business man and commercial real estate owner/manager retained John Hein, Grant Mabie and J. Adam Stockberger to represent him and certain of his companies and business partners in a series of ongoing lawsuits pending in St. Louis County. Among the matters and issues they were retained to address was a prior Order and Judgment of Civil Contempt that had previously been entered against the client for allegedly interfering with the closing of the sale of a multi-million dollar apartment complex. After reviewing the underlying documents and transcripts upon which the Judgment was based, John and Grant filed an Appeal asking the Appellate Court to invalidate the Judgment based on several defects—including the absence of a proper Order sufficient to support a civil judgment for contempt. Following the briefing and oral argument, the Court of Appeals issued its Opinion invalidating the Judgment for the reasons argued in our Briefs. The Appellate Court further held that the Respondents’ attempt to characterize the judgment as one for sanctions, rather than one for contempt lacked any support in the record. Thus, the Court was “unwilling to allow Respondents to transmute the trial court’s civil contempt judgment into a sanctions judgment after the fact”.

Grant Mabie Recognized as a 2015 Rising Star by Super Lawyers

Sauerwein Hein, P.C. is pleased to congratulate Grant Mabie on his selection to the Missouri 2015 Rising Stars List. Super Lawyers has recognized Grant as a top young lawyer in Real Estate.

Super Lawyers is an annual list of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Selection for Super Lawyers includes peer nominations, a blue ribbon panel review process and independent research on candidates. The Rising Stars list consists of the state’s top young attorneys. Rising Star candidates must be 40-years-old or younger, or have practiced for 10 years or less.

Judgment obtained in favor of underwriter for losses due to agency fraud

Bill Sauerwein and Trent Bond concluded a major fraud case against a title agency and obtain a $3.5m judgment. Hein Schneider & Bond P.C. represented a national title insurance underwriter against a real estate title and closing agency formerly based in Springfield, Missouri that misappropriated escrow funds from hundreds of its customers. On behalf of our client, we investigated the fraud, petitioned to shut down the agency, enjoined its check kiting and banking activity, and sued to recover losses paid to insureds. Today, in a hearing conducted by Trent Bond, the court entered a judgment the amount of $3.5 million dollars against the agency and its individual owners in favor of our client.

Title News for Missouri & Illinois

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Trent Bond Wins at Trial

Trent Bond successfully tried a case on behalf of a lender that was insured under a policy of title insurance, where the mortgage or deed of trust was lost and the borrower had claimed he had not signed the deed of trust, although he had accepted the loan funds.  Trent filed suit for quiet title pursuant to Missouri’s lost deed law seeking a judgment that its copy of the deed of trust was a true and accurate copy of the lost original and sought to encumber the borrower’s property with a first priority lien.  The Defendants sought to avoid the mortgage altogether and argued that they did not sign the closing documents.  Defendants’ argument was controverted by the testimony of a handwriting expert and ultimately, with the aid of an advisory jury, the Court found that the Defendants signed the deed of trust and intended to encumber their property with it.  The trial was held in Christian County, Missouri.

Trent Bond Elevated to Partner

Hein Schneider & Bond P.C. proudly announces that Trent Bond has been elevated to partner status.  Trent joined the firm in 2008 and has been instrumental in the firm’s growth and success.  Trent is a seasoned trial attorney with a proven track record of winning commercial and real estate cases.  He will continue to concentrate his practice in commercial litigation, real estate litigation, and handling title insurance cases.  Trent lives with his wife and daughters in Crestwood, Missouri and is involved in community activities and organizations, local schools and the Chamber of Commerce.  Trent serves on the board of ReFab St. Louis and is an advisory board member of the Regional Union Construction Center, a not-for-profit corporation that promotes and provides professional support and representation to minority owned businesses. Congratulations, Trent!

Sarah Holdener presented on Legal Descriptions, Title Insurance and Surveys in Real Estate Transactions.

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.

Bill Sauerwein successfully represented homeowners in dispute involving subdivision restrictions.

Bill Sauerwein successfully represented numerous homeowners at a trial concerning the validity of subdivision restrictions that imposed obligations on homeowners to pay dues to a privately owned country club.

Grant Mabie listed as a 2014 Rising Star by Super Lawyers® in Missouri & Kansas

Sauerwein Simon & Hein P.C. congratulates Grant Mabie on his selection to the Missouri & Kansas 2014 Rising Stars listGrant has been named one of Missouri’s top young lawyers in Real Estate by Super Lawyers®.

Super Lawyers is an annual list of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Selection for Super Lawyers includes peer nominations, a blue ribbon panel review process and independent research on candidates. The Rising Stars list consists of the state’s top young attorneys. Rising Star candidates must be 40-years-old or younger, or have practiced for 10 years or less.

 

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.