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...
Practical Expertise For Complex Business Litigation And Transactions
Lien Priority Disputes
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.
Summary Judgment Victory
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...
Missouri Mechanics’ Lien Law Updates
Recent amendments to Missouri’s residential mechanics’ lien laws add new notice requirements for owners and lien claimants. They also address the content of the statement of account within the lien, intrepretation of lien waivers, and allow for bonds to replace...
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...
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...
Summary Judgment Victory
On behalf of insured property owners, John Hein secured Summary Judgment in Boone County, Missouri, ordering release of a prior deed of trust against holders of the prior unreleased development deed of trust which had been not released by mistake at the time of...
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...
Lien Priority Secured Through Judgment
On behalf of a lender client, Bill Sauerwein and Anne Kelly successfully obtained judgment in favor of the lender on all counts and claims following trial in a suit to reform a deed of trust against borrowers, junior secured lenders and judgment holders who sought to...
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...