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.