St. Louis attorneys, Scott Mueller and Mary Giles prevailed on summary judgment (after a yearlong period of court contemplation) to reform the legal description in a national lender client’s purchase money loan. Unfortunately, an attorney for the junior judgment lien holder tried to use the legal description error to throw out the priority of the client’s mortgage lien. Scott and Mary used the other notice-providing features of the first in time client mortgage, and even enlisted the affidavit of the borrower, who 1) had no incentive to help his foreclosing lender and 2) specifically recalled the notice and intention of the junior lien holder.
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