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.
Bill Sauerwein argued the appeal before the United States Court of Appeals for the Eighth Circuit on behlaf of the City of Branson. At issue was whether the Plaintiff had improperly invoked the jurisdiction of the Federal Courts when it sued the City of Branson. At the conclusion of the appeal, the court ruled in favor of The City of Branson holding, “The relevant circumstances justify the court’s finding that Florida Branson Label collusively manufactured diversity jurisdiction for the purpose of bringing the instant action in federal court”.
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.
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.
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 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 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.
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.
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.
Hein Schneider & Bond P.C.
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