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