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...
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Real Estate & Title Insurance
Tax Sale Victory
On behalf of an insured owner, the firm obtained judgment against a tax sale purchaser who had failed to give proper statutory notice of right of redemption to owner of record thereby invalidating collector’s deed and all subsequent conveyances.
Mechanics Lien Defeated
On behalf of an insured property owner, Adam Stockberger obtained dismissal of mechanics lien enforcement action in Jefferson County, Missouri, seeking $125,000.00 on the basis that the majority of work had been performed on adjoining parcels.
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...
Escrow Error Remedied
Following a trial, Bill Sauerwein obtained judgment on behalf of an insurer against an insured that was delivered escrowed funds by mistake and refused to return the funds.
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...
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...