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: Condominium association's policy that unpaid assessments prohibited owners from using recreational facilities violated foreclosure law.
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Walworth State Bank v. Abbey Springs Condo. Ass'n, Inc., 2016 WI 30, 368 Wis. 2d 72, 878 N.W.2d 170 (Wis. 2016)....
Summary: Trial court properly refused nunc pro tunc entry to correct in rem foreclosure judgment to be in personam as well. Thus, homeowners were entitled to the equitable relief of a refund of their payments made pursuant to the garnishment order
Elliott v. Dyck O'Neal, Inc., 46 N.E.3d...
Summary: Attorney’s fees provisions within in contracts will be interpreted based on its plain language, barring any result that would be in conflict with public policy.
Boyer Const. Group Corp. v. Walker Const. Co., Inc., 44 N.E.3d 119 (Ind. App. 2015).
Facts: In September of...
Summary: Tenancy by the entirety ownership of the beneficial interest in a land trust only precludes the sale of joint owners' interest to satisfy a money judgment against one of the owners.
Marquette Bank v. Heartland Bank & Trust Co., 2015 IL App (1st) 142627.
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Summary: In order for a plaintiff to receive an in personam judgement under Illinois Foreclosure Law, a plaintiff must: (1) ask for an in personam judgment in the initial complaint; (2) list the defendant as the person personally liable for any deficiency; (3) provide documentation of the debt;...
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