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Monthly Archives: June 2013

Real Estate Slander of Title

Slander is generally associated with harm to an individual’s reputation in the community. It can also exist in the context of real estate. The essential elements required to recover on an action for slander of title are that (1) the plaintiff has an interest in the real property, (2) that the words published were false, […]

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Post-Judgment Interest

Prejudgment interest is more complicated than post-judgment interest. Under the post-judgment interest statute, the statutory interest rate — 9% — begins tolling when there is money due under a judgment or order. Specifically, section 408.040, RSMo, states that: “interest shall be allowed on all money due upon any judgment or order of any court from […]

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Minors in Court, Minor Settlements & Contracts

Minors (i.e., those under 18) or those without legal capacity are not permitted to represent themselves in court. If the litigant is a minor, there needs to usually be a next friend appointed with the Court who acts on the minor’s behalf. The next friend, in turn, can retain attorneys and enter into contracts on […]

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Parol Evidence: Oral and Written Contract Interpretation

The rules of interpretation for contracts, promissory notes, leases, personal guarantees, etc. all generally adhere to the parol evidence rule. Parol evidence is evidence outside of the four-corners of a document which suggests what the document means, in whole or in part. The parol evidence rule generally prohibits the use of such extrinsic evidence, particularly […]

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Legal/Equitable Title: Real Estate Quiet Title

In order to file a quiet title suit to determine the interests attached to a given piece of real estate, one first must  have standing to do so. The pertinent statute states in relevant part that Any person claiming any title, estate or interest in real property, whether the same be legal or equitable, certain or […]

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