A litigator with significant first-chair experience in bench and jury trials, Scott focuses on delivering efficient and reliable client service.

Overview

Scott represents lenders, servicers, home owners and title insurance agents and underwriters on a wide spectrum of issues surrounding property ownership and real estate secured lending. He has handled thousands of real estate cases and title insurance claims with a track record of success.

Scott focuses on his clients’ business goals to achieve results. He has extensive experience through all phases of litigation including trials, summary judgments, dispositive motion practice, mediation and settlement negotiations. He has achieved successful results in a variety of matters, including mechanic’s lien disputes, vexatious refusal/bad faith, mortgage and deed reformation, breach of contract, trespass, easement and lack of access, lien priority disputes, foreclosure complications, fraud and defalcation, collection and recoupment, breach of warranty, actions on accounts, post-judgment discovery and collection issues. Scott is a frequent speaker and presenter at CLE seminars and has spoken on issues such as recession-related title defects, mechanic’s liens, title insurance fundamentals, landlord and tenant law, mediation and presenting evidence in real estate cases. Missouri Lawyers Media recognized Scott's involvement in obtaining one of Missouri's largest defense verdicts of 2012. Scott holds an "AV Preeminent" rating from Martindale-Hubbell.

Scott lives in Webster Groves, Missouri with his wife, son and daughter and enjoys drumming, reading and travel.

Experience

Scott conducted a nationwide curative system of resolving a widespread fraud ring on behalf of a national mortgage lender regarding fraudulent instruments affecting over 50 properties.

Scott prevailed on summary judgment in a Florida fraudulent conveyance action and succeeded in quieting title in favor of a national lender.

Scott resolves title defects and protects clients' real property interests from legal threats involving fraud, forgery, lien priority disputes, bankruptcy and probate problems, post-closing errors, breach of contract actions and many other attacks on title.

He invalidates mechanic's liens, judgment liens, conflicting ownership interests and claims by advancing and expounding upon equitable principles of subrogation, replacement theory, judicial estoppel and other equitable remedies and arguments.

His reported cases include: Tetrault v. Yankowski, E.D. Mo. 101254 (2015); Fannie Mae v. Pace, 415 SW 3d 697 (E.D. Mo. 2013); Landrith v. Summers, 346 P. 3d 1113 (KS App. 2015); Fastnacht v. Ge, et al., W.D. Mo. 78705 (2016); Medina v. Dankowski, Ill. App. 1st Cir 173055-U (2019).

News & Insights

Speaking Engagements

"How to Quiet Title in Missouri," June 2009

"Landlord Tenant Update," June 2010

"Presenting Evidence in Real Estate Cases, Missouri Bar Real Estate Institute," April, 2010

"How to Cure Mechanic’s Lien Title Exceptions," Fall 2010

"Fundamental Title Insurance," NBI, October 2011

"Title Policies, Endorsements and Claims," NBI, December 2013, 2018

"Top Ten Title Defects Cured," NBI, February, 2014

"Title Policies, Endorsements and Claims," NBI, January 2015

"Litigating Easements, NBI," May 2015, St. Louis

"Title Policy Endorsements and Exclusions," NBI, October 2015

"Top Ten Title Defects Cured, NBI," March, 2016

"Title Law Boot Camp," NBI, November, 2018."

Publications

Scott's articles on real estate practice have been published by the Journal of the Missouri Bar and the ABA's Title Insurance Litigation Committee's Newsletter.

"Is Equitable Subrogation Dead for Lenders and Insurers in Missouri?" Journal of the Missouri Bar, July/August 2010

"Distinguishing Between Fraud Based and Mistake Based CPL Damages", ABA Title Litigation Committee Newsletter, Fall 2015

"Replacement Theory as Viable Alternative to Equitable Subrogation", ABA Title Litigation Committee Newsletter, Winter 2015

"Barring the "Mutual Mistake" Escape Hatch to Reformation", ABA Title Litigation Committee Newsletter, Summer 2016

Recognitions

Recognitions

Named to 2019 "40 & Under Hot List" by Benchmark Litigation

Professional & Civic Activities

Professional & Civic Activities

St. Louis County Older Residents Program

Catholic Lawyers Guild of Kansas City

Illinois State Bar Association

Kansas Bar Association

Missouri Bar Association

Bar Association of Metropolitan St. Louis

Plan Commission, City of Webster Groves, Missouri

American Bar Association, Tort Trial and Insurance Practice section, Vice-Chair/Treasurer of Title Insurance Litigation Committee.

Admissions

  • Missouri
  • Illinois
  • Kansas
  • United States District Court for the District of Kansas
  • United States District Courts for the Eastern and Western Districts of Missouri
  • United States District Courts for the Northern, Central and Southern Districts of Illinois

Education

Saint Louis University School of Law, J.D., 2006

Southern Illinois University, B.A., with honors, 2002

  • Attended the University of Southern California, 1997-20
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