March Vol. 5, No. 2

Real Estate and Title Insurance News

Liens: Condominium Association and Common Interest Community Liens and Mortgage Foreclosure — There are ways to recover through a lien in a mortgage foreclosure even when the lender has first priority.

 

Casenotes

Illinois

Adverse Possession: Catholic Bishop of Chicago v Chicago Title & Trust Co — Under Illinois law a prescriptive easement can only be established if the element of exclusivity is met. The party claiming exclusivity must prove that he or she possessed the property to the exclusion of the true owner.

Mortgage Foreclosure: Deutsche Bank National Trust Co v Snick — A challenge to a plaintiff’s standing in a mortgage foreclosure case may not be raised at the confirmation of sale hearing.

Tax Deeds: AP Properties, Inc v Rattner — Purchase of tax-delinquent real estate and redeeming the property before the deadline does not violate any Illinois laws and as a matter of public policy, is favored over forfeiture of the property to a tax buyer.

Indiana

Civil Procedure: Norris v Personal Finance — Service by delivery of notice of claim to a borrower’s parents’ home address, but not the borrower’s home address, rendered default judgment void for lack of personal jurisdiction.

Tax Deeds: Badawi v Orth — Notice of a tax sale served on an organization does not need to be addressed to an executive officer to be proper, it only needs to be sent to the last known address contained in the public record.

Wisconsin

Vendor and Purchaser: Dugan v Dugan — Purchasing land from the true owner, rather than one who offers the property for sale but does not hold title, is valid.

 

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