Trent Bond successfully tried a case on behalf of a lender that was insured under a policy of title insurance, where the mortgage or deed of trust was lost and the borrower had claimed he had not signed the deed of trust, although he had accepted the loan funds. ...
Practical Expertise For Complex Business Litigation And Transactions
Quiet Title
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...
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...
Stewart Schneider and Adam Stockberger secure Quiet Title Judgment
Stewart Schneider and Adam Stockberger recently resolved a lender’s title insurance claim whereby the insured’s property was mistakenly encumbered by the neighboring owner’s warranty deed and deed of trust. A judgment was obtained correcting the legal descriptions in...
Appellate Victory Obtained on Behalf of Title Insurer
On behalf of a national Title Insurer, Bill Sauerwein obtained reversal of a trial court’s judgment against the Insurer. The Missouri Appellate court, Western District, reversed an entry of a judgment for damages against Chicago Title Insurance Company in Appeal...
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...
Settlement Agreement Enforced
On behalf of a lender client, Sauerwein Simon attorneys successfully argued and won a motion to enforce a settlement agreement in multi-party quiet title litigation. Favorable settlement at mediation was upheld despite borrower’s attempts to repudiate settlement.
Sheriff Sale Set Aside
On behalf of an insured homeowner client, Anne Kelly successfully overturned default judgment entered against the homeowner, and set aside the sheriff’s sale of homeowner’s residence in a quiet title suit brought by the property’s prior co-owners. Anne successfully...
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...
Lien Priority Secured Through Judgment
Bill Sauerwein and Anne Kelly represented homeowners and their secured lender at trial in an action for declaratory judgment brought by an alleged creditor seeking to enforce a lien against the homeowner’s residence granted by a prior owner of the property. At trial...