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...
Reformation of Instruments
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...
Summary Judgment Reforming Deed of Trust
Adam Stockberger and Stewart Schneider obtained summary judgment in favor of a national bank. The borrower had contended that the lender’s deed of trust was invalid due to irregularities in the language of the deed of trust.
Summary Judgment Victory
On behalf of a national bank, Brandon Rothkopf and Bill Sauerwein secured summary judgment reforming a Mortgage in Williamson County,Illinois, to include the signature of a spouse who initialed each page, but failed to sign the signature page of the Mortgage as...
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...
Negotiated Resolution of Encroachment
In a claim arising due to an encroachment by a home onto neighboring property, Sarah Holdener successfully negotiated a transfer of a strip of land to resolve the encroachment, and obtained voluntary reformation and reacknowledgment of a deed of trust encumbering the...
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
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...
Reformation Contested by Squatter
Bill Sauerwein and Adam Stockberger obtained judgment on behalf of a lender client, on a motion for summary judgment, reforming a deed of trust to identify the proper borrowers in litigation contested by squatter on real property.