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: A judgment on the priority of mortgages in a foreclosure action was res judicata to later challenges of the validity of those mortgages.
Wells Fargo Bank, N.A. v PNC Bank, N.A., 971 NE2d 1216 (Ind. Ct. App. 2012).
Facts:
From 1992 to 1996, Neal Summers granted...
Summary: When a defendant fails to argue lack of standing before a foreclosure judgment is entered, that argument is forfeited and the defendant is barred from litigating the issue later.
Nationwide Advantage Mortg. Co. v Ortiz, 2012 IL App (1st) 112755 (1st Dist. 2012).
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Summary: A plaintiff must conduct both “diligent inquiry” in ascertaining the defendant’s residence and “due inquiry” in ascertaining the defendant’s whereabouts before the plaintiff can motion for service by publication.
Citimortgage, Inc. v Cotton, 2012 IL App (1st) 102438 (1st Dist....
Summary: Where decedent died during the pendency of a divorce, after the dissolution of marriage order was entered but before the estate was divided, wife was entitled to be named an heir at law of the decedent, because to deny both heirship and divorce settlement would be unjust.
In re...
Summary: Actual knowledge of an unrecorded condominium declaration is sufficient to satisfy the requirements of the Condominium Act’s Section 22.
Seth v Aqua at Lakeshore East, LLC, 2012 IL App (1st) 120438 (1st Dist. 2012).
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Facts:
Aqua at...
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