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: Wisconsin courts require the application of the five “interest of justice” factors before issuing a default judgment, and denying a motion to reopen without considering these factors is an abuse of discretion.
Johnson Bank v BV Nicolet, LLC, 2011 AP 002186 (Wis. Ct. App., 2012...
Summary: In Indiana, a judgment does not constitute a lien on a property unless it is statutorily compliant. If the judgment is not duly entered and indexed in the judgment docket, it does not provide notice to bona fide purchasers.
Hair v Schellenberger, 966 NE2d 693 (Ind. Ct. App.,...
Summary: When a mailed notice of a pending tax sale is returned unclaimed, the state must take additional reasonable steps to attempt to provide notice before issuing a tax deed the buyer. What additional steps are constitutionally sufficient will depend on the facts of the individual case....
Summary: Trustee and executor was personally liable for failure to pay additional state estate tax owed after federal audit, even though the state had provided a Certificate of Discharge and Determination of Tax.
People v Kole, 2012 Ill App (2d) 110245 (2d D, 2012).
Facts: In 2002...
Summary: Only the owner of the certificate of title may extend the period of redemption after a tax sale.
In re Application of the County Treasurer, 2012 IL App (1st) 101976 (1st D, 2012).
Facts: In 2004, MB Financial Bank (MB Bank) bought property. Sometime after the purchase MB...
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