Experience
Defense of Mortgage Trust in Quiet Title Action
Secured judgment in favor of mortgage trust in an action to quiet title brought by the alleged heir of the deceased owner of residential property located in Johnson County, Kansas. The plaintiff alleged that the deceased’s signature on the mortgage was forged. Forgery was denied, as execution of the loan documents was notarized. Additionally, the deceased borrower knew or should have known the loan was signed based on the history of his account information and mail correspondence regarding the loan. Following a bench trial, the court entered judgment in favor of defendants finding the loan documents were signed by the plaintiff, before a notary public, and are valid and enforceable.
Judgment in Favor of Mortgage Trust Following Bench Trial
Secured judgment in favor of a mortgage trust in a foreclosure action in Johnson County, Kansas. The defendants, owners of residential property, asserted numerous affirmative defenses seeking to avoid foreclosure of the property. Following a bench trial, the judge found in favor of the client on its claim of foreclosure and awarded all damages plus interest and attorneys’ fees.
Obtained Defense Verdict in Jury Trial on Claim to Set Aside Real Estate Conveyance
Obtained a defense verdict in a Clay County, Missouri jury trial in favor of limited liability company client. The plaintiff sought a declaratory judgment to set aside a real estate conveyance on the basis that the seller lacked capacity to contract, was unduly influenced, and that the contract was unconscionable. Defendants asserted numerous counterclaims. The jury found in favor of defendants on plaintiff’s claim to set aside the real estate transaction. The counterclaims were taken up with the judge following the trial. The judge ruled in favor of defendants on all counterclaims and awarded all damages plus interest and attorneys’ fees.
Leveraged Bona Fide Lender Defense to Secure Summary Judgment for Client
Obtained summary judgment in the Missouri 23rd Judicial Circuit Court for a lender client regarding competing claims over property used as collateral for a loan, which was incorrectly identified in the deed. Used the bona fide lender defense to defeat plaintiff lender’s argument that the description of the collateral property on the deed was mistakenly swapped; and that the plaintiff lender’s failure to identify the correct property at its loan origination prevented the court from using its equitable powers to swap the collateral.
Counsel to Secured Lender in Commercial Restructuring of Multiple Loans
Served as counsel to secured lender in workout of numerous loans secured by real estate and properties located in Development District.
Counsel to National Mortgage Servicing Client Defending Alleged FCRA Violations
Served as counsel to client in defense of alleged Fair Credit Reporting Act (FCRA) violations involving assets purchased following bank failure via the FDIC.
Counsel to Insured Property Owner Defending Adverse Possession Claim
Served as counsel to insured under owner’s policy in successfully affirming trial judgment denying adverse possession as to a permissive use easement.
Counsel to Insured Mortgagee Defeating Bankruptcy Trustee Avoidance Action
Served as counsel to insured under lender’s policy successfully defeating bankruptcy trustee’s lien avoidance adversary complaint.
Counsel to National Mortgage Servicer Establishing Enforcement Rights as to Successors in Interest and Post-Sale Remedies
Served as counsel to client in state court and appellate court setting case law regarding note-holder and assignee enforcement rights.
Counsel to National Property Data Lender
Served as counsel for compliance and litigation defense to national public corporation in connection with real property.
Counsel to National Mortgage Servicer Defending Consumer Protection Claims and Affirming on Appeal Second Trial Judge’s Authority to Rule Conversely on Second Summary Judgment
Served as counsel to lender/servicer in defense of multi-count counterclaim for damages in context of foreclosure action, affirmed on appeal following differing decisions by original and successor trial judge.
Counsel to Insured Homeowner Defeating Claim to Strip Ownership
Served as counsel to insured under owner’s policy to successfully protect property title, in state court and on appeal, from adverse claims by neighbor and lender.
Counsel to Land Engineer in Defense of Property Flooding Claims
Served as counsel to engineer in connection with damages claim for water runoff in development and appeal of writ of prohibition as to inverse condemnation claim.
Counsel for Multimillion-Dollar Commercial Real Estate Transaction
Served as borrower’s counsel issuing borrower’s opinion letters for several large commercial real estate transactions.
Trial Counsel on Breach of Contract Damages and Assignment of Contract, Affirmed on Appeal
Served as Plaintiff’s counsel and lead trial counsel on damages claim for breach of contract and/or negligence and rights on assignment. Matter affirmed on appeal, per curiam.
