Real Property-Mechanic’s Lien-Foreclosure

Staff Report//July 1, 2026//

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Plaintiff appealed the denial of its motion for a foreclosure sale of real estate to collect on a prior judgment under a mechanic’s lien against defendant, who failed to pay plaintiff for work that it had performed on the property. Plaintiff argued that the trial court should have granted the motion despite defendant’s assertion of a homestead exemption and asserted that the trial court’s order was appealable because it stemmed from an underlying judgment.

Although the order was appealable as a final special order after final judgment, the trial court did not err in its decision because appraisals failed to determine whether there was equity in the property, rendering it entitled to protection of the homestead exemption.

Judgment is affirmed.

All Acres Roofing, LLC v. Ballard (MLW No. 85030/Case No. WD88100 – 20 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Jackson County, Bushur, J. (Gracie Norman and Jason Cook, Independence for appellant) (Michael Millett, Overland Park for respondent)