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: Neither letters sent by borrowers to a mortgage lender’s assignee nor the borrower's motion for leave to file a counterclaim for rescission were sufficient notification of rescission under TILA section 1635(a).
U.S. Bank Nat’l Ass'n v Manzo, 2011 IL App (1st) 103115, 960 NE2d...
Summary: An action to quiet the title of property where the state will be named a defendant must be brought in the court of claims.
Township of Jubilee v State of Illinois, 2011 IL 111447, 960 NE2d 550, 355 Ill Dec 668 (Ill., 2011).
Facts: The Township of Jubilee contained a parcel...
Summary: Family and Social Services Administration lien for Medicaid was not subject to the claims limitation in a probate estate.
State v Roy, 963 NE2d 78 (Ind. Ct. App., 2012).
Facts: On November 2, 2008, Phillip Roy (Roy) died intestate. At the time of his death, Roy owned real...
Summary: Mere failure to provide terms specifying non-exclusivity does not limit the ingress and egress to solely the grantees if other factors suggest the intention of the parties was to include more people in the use of the easement.
Rehl v Billetz, 963 NE2d 1 (Ind. Ct. App., 2012)....
Summary: Assignment to MERS recorded after MERS began a foreclosure case meant that MERS had no authority to bring the foreclosure case and it was void.
Bevilacqua v Rodriguez, 460 Mass. 762, 955 NE2d 884 (2011).
Facts: On March 18, 2005, Pablo Rodriguez (Rodriguez) granted a...
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