The Missouri Court of Appeals Denies Heir's Attempt to Strip a Lender's Deed of Trust Becaus
In December 2016 the Missouri Court of Appeals, Western District considered a challenge to a lender’s deed of trust against real property. That case is styled Lester v. Nationstar Mortgage, LLC, ___ S.W.3d ___ (Mo.App. W.D. 2016). The basis of the challenge was the lender’s alleged failure to make a timely probate claim to protect the lender’s deed of trust lien. In Lester, the property at issue was subject to a recorded deed of trust that secured a loan. The property was
Two Recent Missouri State Court Decisions Rule for Borrowers in
Wrongful Foreclosure Actions- Impos
In Holm v. Wells Fargo and Freddie Mac, Missouri Court of Appeals, Western District No. 78666, the Missouri Court of Appeals addressed a wrongful residential foreclosure lawsuit. The Court of Appeals affirmed the judgment against Wells Fargo (servicer) which included $2,959,123 in punitive damages and $200,000 in emotional stress damages. The appellate court reversed the judgment regarding $89,762.30 awarded to the borrower concerning a claim for a post-foreclosure loss in
