On behalf of a lender, Brandon Rothkopf won summary judgment in a lien priority dispute which arose within a judicial foreclosure action filed by the lender client. The court granted summary judgment against the judgment lien holder for failure to timely file a...
Practical Expertise For Complex Business Litigation And Transactions
Banking Litigation
Mechanics Lien Defeated
On behalf of a national bank as property owner through foreclosure, Trent bond secured dismissal of a mechanics lien claim, in the amount of $75,000, on the basis that lien claimant failed to file its mechanics lien claim within six months of last performance of any...
Breach of Contract Judgment Affirmed
Paul Simon, Jr. prevailed on appeal from award of judgment in favor of his client in excess of $130,000.00, in a breach of contract action in connection with a commercial development in mid-Missouri, which attacked the validity of the contract and consideration.
Mechanics Lien Defeated
Following a bench trial, Trent Bond secured judgment in favor of insured lender on basis that the lien claimant, seeking $47,000, failed to give proper subcontractor notice to the owner of the property pursuant to Section 429.100 RSMo and failed to meet its burden for...
Mechanics Liens Defeated
Following a bench trial, Trent Bond obtained judgment in favor of multiple insured owners and lenders, on the basis that the mechanics’ lien claimant’s liens, which totalled $50,000.00, were defective for failure to give original contractor notice to the property...
Judgment Reforming Legal Descriptions
On behalf of a lender, Sarah Holdener obtained judgment against a developer and current property owner/borrower reforming the legal description contained in development and vesting deeds to condominium property as well as the deed of trust securing the lender’s loan...
Secured Cancellation of Wrongful Foreclosure
On behalf of a lender client, Sarah Holdener secured cancellation of the scheduled foreclosure sale of another lender’s unreleased prior home equity line of credit deed of trust and negotiated the execution and recording of a Subordination Agreement which subordinated...
Mechanics Lien Defeated
Trent Bond secured judgment following a bench trial in favor of multiple insured lenders and owners on the basis that the mechanics’ lien claimant, seeking $12,500.00, failed to give proper subcontractor notice to the owners of the properties pursuant to Section...