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Title News for Missouri & Illinois
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Real Estate & Title Insurance
Real Estate & Title Insurance
Trent Bond Wins at Trial
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. ...
John Hein scores a victory on appeal for a national title insurance underwriter.
To collect losses paid by an insurer as a result of a builder’s mechanics lien claims, John Hein won the right on appeal to pursue collection against the individual owner of the company by piercing the corporate veil. The Trial Court awarded judgment but denied the...
Sarah Holdener presented on Legal Descriptions, Title Insurance and Surveys in Real Estate Transactions.
Sarah Holdener recently presented at a continuing education seminar on Legal Descriptions, Title Insurance and Surveys in Real Estate Transactions for NBI Seminars in Clayton, Missouri. Contact Sarah if you would like a copy of her presentation materials.
Bill Sauerwein successful on appeal on behalf of purchaser of foreclosed property.
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...
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...
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.
