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.


10/04/2016 - 3:32pm

Summary: In a foreclosure action, current employee of mortgage loan servicer was qualified to testify as to loan records, thus records were properly admitted as business records.

 

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Deutsche Bank Nat. Trust Co. v. Olson, 366 Wis. 2d 720, 875 N.W....

10/04/2016 - 11:39am

Summary: Remedy for tenant's nonpayment of rent after tenant exercised option to purchase was not termination of option agreement. Tenant had continuing obligation to pay rent until all terms of the purchase was agreed upon.

 

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Ruffolo v. Jordan,...

09/21/2016 - 4:50pm

Summary: When determining the boundaries between two parcels, a trial court can rely on a survey based on the “measurement methodology” over that based on "occupation methodology."

Sullivan v. Kanable, 2015 IL App (2d) 141175 (2015).

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Facts: Henry and...

08/19/2016 - 2:43pm

Summary: A previously recorded mortgage lien on land has priority over a mechanics' lien claim. However, mechanics' lien claimant can recover by removing the improvements to the building.

Wells Fargo Bank, N.A. v. Rieth-Riley Construction Co., 38 N.E.3d 666 (Ind. App. 2015).

Facts...

08/19/2016 - 1:41pm

Summary: The purchaser of real estate has a duty to examine the public record and is chargeable with notice of whatever is shown by the record, even if the matter was not reflected on the title commitment.

Hachem v. Chicago Title Ins. Co., 2015 IL App (1st) 143188.

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