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 foreclosing lender cannot make a Section 2-1401 motion after the sale is confirmed to vacate the proceedings on the basis of the lender’s own mistake of fact about the value of the collateral.
CitiMortgage, Inc. v San Juan, 2012 IL App (1st) 110626 (1st Dist. 2012).
Go...
Summary: A document recorded with a street address and without a legal description did not provide sufficient notice to defeat a bankruptcy trustee’s strong arm power.
Sender v Cygan, 2012 WL 1994873, 2012 CO 43 (Co. S. Ct., 2012).
Facts:
Anthony Rivera (Rivera) executed a...
Summary: Unrecorded offer to purchase containing a right of first refusal that did not identify which parcel, of many the grantor owned in the same county, was the subject of the right, did not meet the requirements of the statute of frauds.
303, LLC v Born, 2011 AP 2368 (Wis. Ct. App.,...
Summary: A right of way easement without further limiting language includes the right to park.
Cochran v Hoffman, 971 NE2d 670 (Ind. Ct. App. 2012).
Facts: Dennis and Sandra Cochran owned a landlocked tract of real estate (Cochran property). Dennis and Sandra lived with their...
Summary: Expiration of a temporary access easement was a post-policy event for determination of title insurance policy coverage.
Community Credit Union v AmeriTitle & Abstract, Inc. & First American Title Ins. Co., 2011 AP 2294 (Wis. Ct. App. 2012).
Facts: A landowner...
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