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...
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Illinois Appellate Court invalidates mortgage where lender was not properly licensed under the Residential Mortgage License Act
In a case of first impression in Illinois, the Appellate Court for the Second District of Illinois has determined that a mortgage made by an entity lacking authorization to conduct business under the Residential Mortgage License Act (205 ILCS 635/1-1 et seq.) is void...
Paul Simon, Jr. and Adam Stockberger secure dismissal of claims against development company client and one if its members
On behalf of a commercial real estate development company and one of its members, Paul Simon, Jr. and Adam Stockberger successfully negotiated the Missouri Attorney General’s voluntary dismissal of claims to recover $2.8 million in state tax credits and to pierce the...
Sauerwein Simon & Hein P.C. named a “Firm to Watch” by St. Louis Business Journal
Sauerwein Simon & Hein P.C. was named in the most recent St. Louis Business Journal as a “Firm to Watch”.
Mechanics Liens Paid by Insurer May be Nondischargeable
In First Am. Title Ins. Co. v. Speisman (In re Speisman), 2013 Bankr. LEXIS 2967; 2013 WL 3779366 (U.S. Bankr. N.D. IL, July 19, 2013), the U.S. Bankruptcy Court for the Northern District of Illinois recently denied a debtor’s motion to dismiss the adversary complaint...
New Penalties for Unlawful Clouding of Title in Illinois
Illinois recently amended Section 720 ILCS 5/32-13 of the Illinois Criminal Code to create a felony level offense resulting from the creation of a cloud on title that either (a) has a value in excess of $10,000, or (b) results from a second or subsequent offense, due...
Trent Bond obtains judgment reforming deed of trust and establishing lien priority
On behalf of an insured lender, Trent Bond obtained a favorable judgment following a bench trial, reforming a deed of trust and establishing lien priority. At issue was the borrower’s dispute of her intent to encumber the entirety of her property and her contest over...
Sarah Holdener secures judgment establishing priority of refinance deed of trust
Sarah Holdener has secured judgment on behalf of a bank client establishing the senior priority of its refinancing deed of trust, where another lender had initially agreed, but failed, to issue a subordination of its own deed of trust.
Judgment obtained by Bill Sauerwein and Trent Bond affirmed by Court of Appeals
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...
Grant Mabie secures judgment for his client, a commercial landlord, at trial.
Grant Mabie, representing a commercial property owner at trial, obtained a judgment in favor of the owner, and against a tenant, for damages and possession of the premises. The case involved a tenant that failed to honor its obligations under a commercial lease. The...