Bill Sauerwein obtained Summary Judgment in favor his client in a sizeable case in St.Clair County Illinois. The Plaintiff in the case contended it was entitled to a $6.5 million dollar mechanics lien and sought priority over the lender’s $9 million mortgage. The...
Banking Litigation
Summary Judgment Reforming Deed of Trust
Adam Stockberger and Stewart Schneider obtained summary judgment in favor of a national bank. The borrower had contended that the lender’s deed of trust was invalid due to irregularities in the language of the deed of trust.
Summary Judgment Victory
On behalf of a national bank, Brandon Rothkopf and Bill Sauerwein secured summary judgment reforming a Mortgage in Williamson County,Illinois, to include the signature of a spouse who initialed each page, but failed to sign the signature page of the Mortgage as...
Mechanics Lien Defeated
On behalf of a Lending client, Trent Bond secured Summary Judgment invalidating a mechanics lien on the basis that lien claimant failed to file its mechanics lien claim within six months of last performance of any work on the site in violation of §429.080 RSMo.
Foreclosure Litigation
On behalf of a national bank, Brandon Rothkopf negotiated settlement of a judicial foreclosure suit in favor of the lender by assisting the lender with the lender’s modification of the loan with the Defendant/Borrower in order to resolve the underlying claim on the...
Mechanics Lien Summary Judgment
On behalf of national bank as owner through foreclosure, Trent Bond obtained Summary Judgment on the basis that the bank’s interest through its Deed of Trust was prior in time to a claim for a $232,000 mechanic’s lien and therefore the lien been extinguished at...
Foreclosure Litigation Resolved
On behalf of homeowners and their secured lender, Sauerwein Simon attorneys settled an Illinois judicial foreclosure case filed by the holder of a prior unreleased mortgage, executed by prior owners, resulting in a full dismissal of the foreclosure action and release...
Summary Judgment Victory
On behalf of a lender client, Trent Bond won Summary Judgment on the basis that lien claimant failed to file its mechanics lien claim for $124,000 within six months of last performance of any work on the site.
Paul Simon Jr. joins MOBAR Committee
Partner, Paul Simon Jr., was appointed to the newly created Mechanics Lien Subcommittee of the Missouri Bar’s Property Law Committee at this year’s Missouri Bar Spring Committee Meeting in Jefferson City, Missouri. The committee’s purpose is to explore and monitor...
Reformation of Legal Descriptions
On behalf of a lender, Sarah Holdener negotiated settlement and judgment by consent in a reformation and quiet title action involving multiple property owners, where seller’s deed had mistakenly conveyed an entire subdivision to the bank’s borrower and the deed of...