Mo. Bond Co. v. Devore

• Decision Date: 20 August 2019
• Docket Number: No. ED 107137,ED 107137
• Parties: MISSOURI BOND COMPANY LLC, Appellant, v. Mark R. DEVORE, et al., Respondents.
• Court: Missouri Court of Appeals

580 S.W.3d 653

MISSOURI BOND COMPANY LLC, Appellant,
v.
Mark R. DEVORE, et al., Respondents.

No. ED 107137

Missouri Court of Appeals, Eastern District, DIVISION ONE.

FILED: August 20, 2019

FOR APPELLANT, Phillip K. Gebhardt, 1720 North Main Street, P.O. Box 340, DeSoto, MO 63020.

For Respondent – Mark R. Devore, Robert E. Fox, Jr., 41 S. Central Avenue, Clayton, MO 63105.

For Respondent – Western Surety Company, James S. Kreamer, Noemi F. Donovan, 2400 Pershing Road, Suite 500, Kansas City, MO 64108, Robert F. Chandler, 100 North Broadway, 21^st Floor, St. Louis MO 63102.

For Respondent – Old Republic Title Co. of St. Louis Inc., Juaneka Gore, Equity Trust Company, Blake D. Hill, 1409 N. Clay Avenue, Kirkwood, MO 63122.

Respondents Acting Pro Se, Kim M. Neire, Michael Nored, 1751 Hudson Road, Dellwood, Mo 63136, Richard D. Aubuchon, 140 Clearview Drive, Florissant, MO 63033, Tanjela Brooks, 12645 Treeyard Lane, St. Louis, MO 63138, Eric Miller, 1200 Cove Lane, St. Louis, MO 63138, Lawrence Brown, Tanya Brown, 11531 Criterion, St. Louis, MO 63138, Tasha R. Wolff, Watson Dempsey, 3756 High Drive, St. Ann, MO 63074, Mark Larimer, 223 Eldridge Avenue, Rock Hill, MO 63119, Richards, Roberts & Stein, LLC, 231 South Bemiston Avenue, Suite 800, Clayton, MO 63105, Sherry E. Pillar, 4895 Hummelsheim Avenue, St. Louis, MO 63123.

ROY L. RICHTER, Presiding Judge

580 S.W.3d 654

Missouri Bond Company LLC ("Appellant") appeals from the Amended Judgment and Order ("Order") of the Circuit Court of St. Louis County granting motions to dismiss filed by Respondent St. Louis County ("the County") and its Collector of Revenue Mark Devore ("Devore"); Respondent Western Surety ("Western Surety"); and Respondents Old Republic Title Company of St. Louis, Equity Trust Company Custodian FBO Richard Fornjoy IRA, and Juaneka Gore (collectively "the 1861 Atmore Respondents"). The Order dismissed with prejudice all claims against Devore and the County asserting Appellant was entitled to recover attorney’s fees, while all other claims against them were dismissed without prejudice. The Order dismissed the claims against Western Surety without prejudice, finding Appellant was not the real party in interest and lacked standing to sue. And finally, the Order dismissed Count VI against the 1861 Atmore Respondents without prejudice. We dismiss for lack of a final judgment.

I. Background

The action underlying this appeal began in August 2016, when Appellant purchased multiple properties—including the 12 at issue in this appeal ("the Properties")—that were being sold at a real property tax sale. The properties were being sold for delinquent taxes. On March 13, 2017, Appellant signed a letter of intent for services to be provided by Gebhardt Real Estate and Legal Services, L.L.C. ("GRELS"). Within that letter there was a "Description of Services – Charges" section, which listed the charge, in attorney’s fees, for each service GRELS would provide. Among other things, GRELS was to draft a limited title examination for $200 per property, draft notice letters in compliance with Section 140.405, RSMo.¹ for $150 per property

580 S.W.3d 655

with an additional $50 for every additional mailing of 20 notice letters, and draft and file the affidavit required by Section 140.405, as well as provide assistance with the issuance of the collector’s deed for $150 per property. From the record, it appears GRELS performed most or all of these duties.

The owners of record, or other persons with a recorded interest, redeemed the Properties before they were foreclosed. Section 140.340 provides that where an owner or party with an interest in a property at the time of a tax sale redeems the property before foreclosure, the tax sale purchaser is entitled to the "reasonable and customary costs of the tax sale." Section 140.340.2. Appellant subsequently submitted invoices to Devore seeking reimbursement of what it deemed to be the reasonable and customary costs. Devore sent Appellant a letter that stated as follows:

Your invoice included the cost of a title report wherein it is labeled "Attorney’s Fees for Title Report for notice letter with right of redemption for ‘address of property’," at a cost of $500 each. Later in the same invoice you include attorney fees of $50. Adding the additional postage costs, the invoice costs for redemption come to $570.90 to $1,011.53 depending on how many letters you sent.

Section 140.340.2 ... allows the purchaser of property to recover reasonable and customary costs of a tax sale, which include the cost of a title search and postage but not attorney fees .

In examining the cost of the title search ... $500 is not only not recoverable but also not reasonable. As to the listed $50 attorney’s fee, that is not recoverable.

Please provide this office with an invoice for the title search that does not include attorney’s fees and within the same invoice do not include any other attorney’s fees. When a new invoice is submitted ... [Devore’s] Office will review ... and accept the invoice if the

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