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Spencer Fane LLP | USA | 19 Mar 2014

Federal court puts to rest challenges to the method of determining the amount of foreclosure deficiency

In prior Alerts we described appellate court decisions addressing challenges to the Missouri common law rule of basing the amount of loan deficiency


Shook Hardy & Bacon LLP | USA | 11 Oct 2013

MMPA claim foreclosed where the alleged unfair practice occurs years after the initial sale or advertisement

Hutsler stands for the proposition that a significant lapse of time between (1) advertising and sale of merchandise and (2) an alleged unfair


Thompson Coburn LLP | USA | 16 Sep 2013

Receivership reforms, part two: establishing and empowering receivers

Many modern statutes recognize two basic types of receiverships. The first, called a “limited” or “custodial” receivership is one where the receiver


Thompson Coburn LLP | USA | 5 Sep 2013

New Missouri law bans local efforts to mandate foreclosure mediation

As a result of recent legislation, local Missouri governments are precluded from establishing procedures for servicing or enforcing mortgage loans


Armstrong Teasdale LLP | USA | 30 Jul 2013

Changes to Missouri statutes affect foreclosure, Uniform Commercial Code, credit agreements

Three notable pieces of Missouri legislation will become effective August 28, 2013, nullifying foreclosure mediation initiatives in St. Louis City


Husch Blackwell LLP | USA | 23 Feb 2013

Missouri House Bill 446 would prohibit local ordinances from interfering with the servicing or enforcement of real estate loans under state law

The St. Louis mortgage industry has been in an uproar since the St. Louis County Council passed the Mortgage Foreclosure Intervention Code late last


Husch Blackwell LLP | USA | 19 Jan 2013

Missouri Court of Appeals grants temporary injunction against St. Louis County’s foreclosure mediation ordinance

On Friday, January 18, the Missouri Court of Appeals for the Eastern District issued an injunction preventing enforcement of a St. Louis County


Dykema Gossett PLLC | USA | 20 Sep 2012

Banks challenge Missouri foreclosure mediation law

Yesterday (September 19, 2012), the Business Bank of St. Louis filed a putative class action lawsuit on behalf of 272 commercial banks challenging a new foreclosure mediation requirement ordinance in St. Louis County.


Husch Blackwell LLP | USA | 20 Apr 2012

Missouri Supreme Court reaffirms deficiency judgment measure

On April 17, 2012, the Missouri Supreme Court affirmed that Missouri law will continue to calculate a deficiency judgment based on the difference between the debt owed and the price paid at foreclosure, absent modification by statute.


Armstrong Teasdale LLP | USA | 18 Apr 2012

Supreme Court of Missouri upholds lenders' rights to obtain full deficiency judgment

In an opinion issued on April 17, 2012, the Supreme Court of Missouri announced the proper measure of a deficiency judgment after a foreclosure sale is the loan balance less the amount paid for the property at a foreclosure sale.

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