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…
Legal Articles
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…
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…
Deed Reformation, Mutual Mistake: Real Estate
To reform a deed means to correct an error. This is separate from filing a correction deed in that it is a formal request to a court for equitable relief. Although a reformation can be granted in a variety of circumstances, the most common is when there is a mutual mistake (one that is common…
Holder in Due Course: Promissory Note Enforcement
Debt instruments are frequently bought and sold. If A borrow money from B and signs a promissory note promising B to pay the money back in the future, it is not uncommon for B to sell his/her rights under the promissory note (usually to make a quick profit). In many cases, a litany of transfers…
Contracts for Deed: Missouri Real Estate Conveyances, Seller Financing
The conventional way real estate financing occurs is when the purchaser applies for a mortgage with a bank/financial institution. The bank/financial institution approves the transaction and wires the money to the title company, who in turn tenders the money to the seller. The purchaser will then execute a promissory note promising to pay back the…
Quitclaim, General Warranty Deeds
A deed is the document used to convey an interest in real estate. Generally, a deed takes effect and is effective to transfer title of property at the time of its delivery from grantor (i.e., seller) to grantee (i.e., buyer), not at the time of its execution or recordation. Delivery gives the deed force and effect and signifies that…
Necessary Parties in Quiet Title, Property Title Defect Suits
The right to quiet title in Missouri is statutory. Specifically, Section 527.150 allows any person claiming any “title, estate or interest in real property” to initiate a suit in the local county courthouse to have the Court determine all rights, claims, interest, liens and demands relating to the property. Because title defects can arise in a given…
Expungement of First Time Alcohol-Related Driving Offense (DWI/DUI)
Although Missouri is unfavorable with respect to expungements (i.e., clearing a criminal record), Section 577.054 does provide reprieve for first time alcohol-related driving offenses in narrow circumstances. The requirements are as follows: (1) The conviction/guilty plea has to be over ten (10) years old; (2) The conviction/guilty plea has to be for a misdemeanor or…
Assumption of Risk & Consent Affirmative Defenses
Assumption of risk is an affirmative defense which states that someone cannot be held liable when the injured party expressly entered into a situation knowing there was a possibility of harm. As an example, playing football is a physical game. When you step on to the field, you’re assuming the risks (and possibly consenting, too) of…