In a case covered in  Missouri Lawyers Weekly,  Mr. Schenewerk successfully obtained a trial verdict awarding his clients $447,600 for the rescission of the sale of a lakeside resort in Stone County.  The Stone County Circuit Court found that the sellers failed to disclose multiple citations from the Missouri Department of Natural Resources (DNR) and violations of the Missouri Clean Water Act. (Wyche, et ux. v. Cresswell, et ux., Stone County Circuit Court, 2009). That verdict was named by Lawyers Weekly as one of the "Top Missouri Trial Verdicts of 2009".

 

Russ has filed, tried and settled countless lawsuits on behalf of tourists who have fallen victim to fraudulent misrepresentations made by timeshare companies, vacation and travel clubs and high-pressure sales tactics.  He has worked closely with the Missouri Attorney General's Consumer Protection Division to monitor fraud in the timeshare and vacation club industry.

 

In 2007, Russ received a letter of commendation from the Missouri Attorney General's office for helping to successfully prosecute an individual attempting to practice law without a license, and whom had taken tens of thousands of dollars from multiple victims in Southern Missouri and Northern Arkansas. In 2022, he was invited to speak at the Missouri Bar Real Estate Institute on the issue of Timeshare fraud.

 

In a case argued in 2009 before the Missouri Court of Appeals (Southern District), Russ represented a seller who sought the rescission of a real estate contract where the seller failed to disclose that the property had a history of methamphetamine-related activity and was the former residence of persons convicted of felonies relating to possession and distribution of the drug.  The Court (in Goldiluxe, LLC v. Abbott, Case No. SD29560) refused to rescind the transaction, instead holding that evidence of difference in value of the property had to be shown before the contract was rescinded, regardless of the fraud-induced sale.

Russ continued his fight for defrauded real estate buyers in  2012.  A Taney County jury of six men and six women ruled in favor of a married couple purchasing a new home from a local developer who refused to repair serious problems with the home. The jury found that the developer was liable for breach of contract, fraudulent misrepresentation, breach of the implied warranty of habitability and piered the corporate veil, finding the developer personally liable.The jury awarded Plaintiffs a total judgment of $57,000 on all five counts of the lawsuit after deliberating for three hours. (Bronson, et ux. v. Arthur Finch & Paradise Shores, Inc., Case No. 10AF-AC001226. Taney County, January 30, 2012)

 

In December, 2012, Russ successfully defended a seller of a mobile home park in a case where a $200,000.00 fraud claim was brought against it by the buyer.  In the case of Eagle Road Estate LLC, et al. v. Ewing Properties, LLC, et al., the Court found against the Plaintiffs, entering a judgment in favor of the Defendants, and also awarding costs to Defendants.

Russ's reported decisions include significant tax appeal victories such as Crawford v. Strahan, State Tax Commission of Missouri (2003) and Twelve Oaks Motor Inn, Inc. v. Strahan, State Tax Commission of Missouri (2005)., where he successfully appealed the overvaulation of Branson hotels.  In the Crawford case, Russ was successful in lowering the hotel owner's property tax bill by more than $63,000.  In 2009, he achieved a property tax savings of $25,000 on a motel property on the Branson strip.  (Zenith Properties of Missouri v. Strahan, Taney County Board of Equalization).  In July, 2014, (working together with Missouri Certified General Appraiser Jerry Jeschke) he successfully argued to the tax valuations of six different Branson hotels in front of the Taney County Board of Equalization, resulting in a combined annual real estate tax savings for his clients of over $250,000.



Mr. Schenewerk has also successfully obtained defense verdicts and/or outright dismissals in favor of Taney and Stone County consumers on over 40 separate lawsuits brought by credit card companies or their assignees seeking to collect on assigned credit card debt.

 

Russ is known as one of the most determined attorneys in the state when it comes to assisting consumers that have been defrauded, whether it be through timeshare transactions, real estate, fraudulent vehicle sales, or any transaction where important facts were not disclosed or have been omitted to the detriment of the consumer.  Russ has personally recovered over a million dollars in restitution from fraudulent timeshare transactions in the Branson area – most of it for senior citizens.

 

You can email Russ at russ@sfalawfirm.com