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...
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“Just and True Account” Needed for Mechanic’s Lien
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...
Collector’s Deed Does Not Cancel District’s Lien
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...
License, Easement in Gross, and Easement Appurtenant Distinguished
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 Win at Court of Appeals
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...
HSB Attorney Obtain Summary Judgment in Wrongful Foreclosure Case
HSB Attorney Trent Bond obtained summary judgment in a lawsuit that sought to undo a foreclosure sale. The client had purchased the property at the foreclosure sale and then conveyed it to a third-party. Trent moved for summary judgment on the basis that the...
Hein Schneider & Bond P.C. Announces Opening of its New Office
Hein Schneider & Bond P.C. is pleased to announce the opening of its new office, now conveniently located in the heart of Brentwood, at 2244 S. Brentwood Boulevard, on the corner of Brentwood Boulevard and White Avenue. Featuring a bright, open floor plan,...
Jill Rembusch joins Hein Schneider & Bond P.C. as Of Counsel
The firm is pleased to announce that Jill Rembusch has joined the Firm in an Of Counsel role. Jill's extensive experience in real estate, construction and general commercial litigation further strengthens the Firm’s existing practice areas, while her background in...
HSB Attorney Obtain Summary Judgment
HSB Attorney Trent Bond represented the purchaser of real property at a foreclosure sale in an action seeking to set aside that foreclosure sale and to quiet title in his name. The Plaintiff brought his claim because he believed that the sale was procedurally improper...
HSB Attorneys Win at Court of Appeals
HSB Attorneys Trent Bond and Grant Mabie represented a commercial property owner in a partition suit that was resolved and settled. Later, the other party in the suit brought a new lawsuit claiming rent owed, damage to the property, and breach of fiduciary duty. ...