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.
Summary: If a circuit court exercises reasonable discretion during the confirmation hearing of a foreclosure action, the appellate court will generally side with the lower court’s determinations.
Tri City Nat. Bank v. Easley, 348 Wis. 2d 761, 833 N.W.2d 872 (2013).
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Summary: Under Indiana Disclosure Statutes (Ind. Code § 32-21-5), sellers are liable for fraudulent misrepresentations made on disclosure forms when they have actual knowledge that the representations are false at the time they complete the forms.
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Summary: The term “owner” applies to sellers in installment land sale contracts and they can thus be held liable for demolition costs.
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City of Decatur v. Ballinger, 2013 IL App (4th) 120456, 988 N.E.2d 737; appeal denied, 996 N.E.2d 10 (Ill. 2013)....
Summary: In a foreclosure action, a trial court retains jurisdiction even after entering a final judgment of foreclosure because it is an order confirming the sale that finally resolves all the issues in the case.
Moser v. Anchor Bank FSB, No. 2012 AP 2700, 2013 WL 3064166 (Wis....
Summary: Intervenor failed to carry its burden of proving sufficient grounds that “justice was not done” pursuant to section 15-1508(b) of the Foreclosure Law when seeking to vacate the confirmation of a judicial sale of a foreclosed property.
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