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: Language in a mortgage that contemplates earlier mortgages does not indicate their superiority for purposes of determining intent under equitable subrogation.
Citizens State Bank v Pirius, 816 NW2d 351, 2011 AP 919 (Wis. Ct. App., 2012).
Facts: Terry Pirius owned real...
Summary: If a mortgage note allows a bank to seize possession of the property if the bank, in its sole discretion, determines the borrower has defaulted, the conduct is permissible and deemed consensual once the borrower signs the note.
Waterstone Bank SSB v Heller, 2011 AP 473 (Wis. Ct...
Summary: An easement may be terminated by a merger of the title to the dominant and servient tracts.
Zemke v Hanson, 2011 AP 1104 (Wis. Ct. App., 2012).
Facts: Steven Hanson, a pro se litigant, appealed a circuit court decision because he objected to the analysis of a particular...
Summary: A mortgage recorded prior to the recording of the warranty deed vesting title in the grantor of the mortgage is considered outside the chain of title and does not give constructive notice to third persons, including Chapter 7 bankruptcy trustees.
In re Heaver, BR 09-B-73096,...
Summary: A lender’s failure to provide a timely payoff statement for a short sale was a breach of a mortgage contract that the borrower may argue as a defense to the foreclosure of the mortgage.
Deutsche Bank v Pauk, 2010 AP 1583 (Wis. Ct. App., 2012).
Facts: Deutsche Bank had the...
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