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...
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Title Insurance
New ALTA/ASCM Survey Requirements
The new Minimum Requirements for Alta/ACSM Land Title Surveys went into effect on February 23, 2011. Click here to view the new requirements- http://www.acsm.net/_data/global/images/PDF%20Documents/ACSM/20110223ALTAACSMLandTitleSurveyStandard2011.pdf
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...
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.
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...
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...