Summary: Under Section 9(g)(3) of the Condominium Property Act, an association's lien for unpaid assessments from before the judicial sale is not fully extinguished following a judicial foreclosure and sale until the foreclosure sale purchaser makes a payment for assessments due after the sale...
Casenotes
This section contains all the casenotes published in our monthly newsletter, Casenotes & Underwriters' Bulletin, plus additional case law the ATG Underwriting Department identifies as noteworthy for ATG member agents.
09/22/2014 - 10:52am
Summary: A mortgagee-purchaser of condominium property is not required to make association assessment payments until a sheriff’s deed conveys the property to the purchaser. Associations cannot enforce liens against the new purchaser in order to recover charges that amassed before the purchaser...
08/19/2014 - 2:46pm
Summary: A right-of-way easement, when not particularly described, encompasses what is reasonably convenient and suitable. It cannot be applied to the entire property.
Enbridge Energy, Ltd. P'ship v. Engelking, 2013 WI App 55, 347 Wis. 2d 550, 830 N.W.2d 723 review denied, 2013 WI 82, 350...
08/19/2014 - 10:37am
Summary: Filing a satisfaction of judgment following the sale of foreclosed property does not prohibit judgment creditors from presenting valid evidence rebutting claims asserted against them regarding the sale.
Go to full opinion.
Stoffel v. JPMorgan Chase Bank,...
08/18/2014 - 5:04pm
Summary: Under the residential Mortgage License Act (205 ILCS 635/1-1), courts will not enforce a contract involving an unlicensed party where legislation, enacted for the purpose of protecting the public and not as a revenue measure, expressly prohibits a party from conducting the activity...
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