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...

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...

Illinois legislature passes SB16 to address effect of In re Crane decision

In response to the now infamous In re Crane decision, the Illinois legislature yesterday passed SB 16. The relevant language appears at the end of the enrolled bill at the following link: SB0016 The bill will become law effective June 1, 2013,  if signed by Governor...

Stewart Schneider and Trent Bond obtained Summary Judgment

Stewart Schneider and Trent Bond were awarded Summary Judgment on behalf of a Bank client, in a Judgment declaring the Bank’s deed of trust to be in a first lien position.  Central to the case was whether or not a Quit Claim Deed at issue, which was signed during the...

Bill Sauerwein obtains reversal of trial court’s judgment in the 4th District of Illinois.

Representing a property owner and a lender, Bill Sauerwein successfully argued for reversal of a trial court’s judgment awarding damages and a lien to a judgment holder which attributed fault to the negligence of the title insurer.  The 4th District Appellate court...

Bill Sauerwein and Trent Bond reach favorable resolution of substantial mechanics lien claims.

Bill Sauerwein and Trent Bond successfully resolved claims on behalf of a lender at a mediation conducted at Missouri University School of Law.   At and following the mediation, a favorable settlement was reached with a contractor who filed a substantial mechanic’s...

FIRREA and standing arguments win dismissal and judgments for client

Bill Sauerwein and associates Anne Kelly and Mike Schroer combined efforts to obtain a dismissal of claims filed in the United States District Court against the FDIC.  The case involved an attempt by a partnership to invalidate a multi million dollar deed of trust...

Bill Sauerwein Obtains Summary Judgment in Multi-Million Dollar Mechanics Lien Suit

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...