Year: 2021

When an action for negligence is filed against an insured, and the insurer has control over the claim, a fiduciary duty to the insured is created. In this case, the possibility of a verdict in excess of the policy limits caused the insurer to suspect that the insured...

Here, the trial court granted summary judgment against a foreclosing bank on the finding that it did not have standing because of the timing of an assignment of the mortgage to the bank and when the foreclosure action was filed. Thereafter, when the borrowers...

In an action to quiet title based on adverse possession, the evidence that supported findings of actual, open and notorious, or exclusive possession included that the adverse possessor had cleared and maintained the disputed tract, fenced it in with hot wire, and...

When challenging a finding for lack of substantial evidence, the appellant must address all evidence favoring the ruling, and show that such evidence is not substantial. The elements of adverse possession include actual and hostile possession, for which respondent's...

Here, Patricia Brown filed an action seeking a constructive trust against her family members based upon a beneficiary deed that she claimed was fraudulent. The trial court dismissed the action on the basis that the statute of limitations had run. On review, the...

In this case, the petitioners alleged that they had a pre-existing agreement regarding the boundary line for property they acquired which pre-dated two deeds dividing and conveying the property to petitioners and to a third-party. Specifically, one deed (which was...

We are pleased to announce that Nate Ross has joined the firm. With over 20 years of experience in real estate, banking, general commercial litigation, and appellate practice, Nate is a terrific addition to the firm's core practice areas.    

HSB Attorney Stewart Schneider reached a milestone as head of the firm's Title Curative Department.  The firm has now resolved title issues involving over 1,000 properties in Missouri either by way of litigation or cooperation of the parties!

Here, the court granted summary judgment to Defendant, a 3rd-party purchaser, who sought to quiet title to property which had been the subject of a foreclosure action filed in 2010 and an eviction action filed in 2018.  The mortgage lender's lis pendens in the...

In this mortgage foreclosure action, the Court entered an order approving the sale of property in favor of the plaintiff bank.  However, the defendant borrower had entered into a loan modification agreement with the bank prior to the sale.  On appeal, the Court...