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Here, Patricia Brown filed an action seeking a constructive trust against her family members based upon a beneficiary deed that she claimed was fraudulent. The trial court dismissed the action on the basis that the statute of limitations had run. On review, the...
In this case, the petitioners alleged that they had a pre-existing agreement regarding the boundary line for property they acquired which pre-dated two deeds dividing and conveying the property to petitioners and to a third-party. Specifically, one deed (which was...
We are pleased to announce that Nate Ross has joined the firm. With over 20 years of experience in real estate, banking, general commercial litigation, and appellate practice, Nate is a terrific addition to the firm's core practice areas.
HSB Attorney Stewart Schneider reached a milestone as head of the firm's Title Curative Department. The firm has now resolved title issues involving over 1,000 properties in Missouri either by way of litigation or cooperation of the parties!
Here, the court granted summary judgment to Defendant, a 3rd-party purchaser, who sought to quiet title to property which had been the subject of a foreclosure action filed in 2010 and an eviction action filed in 2018. The mortgage lender's lis pendens in the...
In this mortgage foreclosure action, the Court entered an order approving the sale of property in favor of the plaintiff bank. However, the defendant borrower had entered into a loan modification agreement with the bank prior to the sale. On appeal, the Court...
In an action to enforce a mechanic's lien, Missouri law requires that the mechanic's lien include "a just and true account of the demand due . . . after all just credits [,]" and here the credits included credit for work not performed. In a recent case, the...
A recent Missouri case reviewed whether a County Collector's deed impacts a lien in favor of a Community Improvement District. Missouri statutes authorize the creation of a Community Improvement District, which has the power to levy assessments enforceable by a...
A recent case in Missouri discussed various easements and how they can be different. Missouri law presumes that an easement is appurtenant, meaning that it constitutes an estate, rather than in gross as a personal right. Here, because the contract at issue granted...
HSB Attorneys Trent Bond and Grant Mabie successfully represented a business owner in a lawsuit and later appeal which was brought after the parties settled an earlier partition suit over real property they owned together. Trent and Grant moved to dismiss the lawsuit...