Casenotes

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.


07/02/2012 - 12:03pm

Summary: Under the discovery rule, whether reasonable diligence requires someone to discover an injury associated with a mortgage upon finding that the mortgage was recorded late is a question of fact reserved for the jury.

First Bank Financial Centre v Miller et. al., 2010 AP 2971 (Wis....

07/02/2012 - 12:01pm

Summary: A suspect date on a mortgage is not a material issue once the mortgage has been ratified.

First Bank Financial Centre v Miller et. al., 2010 AP 2263 (Wis. Ct. App., 2011).

Facts: In 1993 Dagmar Griffin (Griffin) and her husband made a loan to Thomas Miller (Miller) and...

06/20/2012 - 4:06pm

Summary:  The Real Estate Settlement Procedures Act (RESPA) Section 2607 seeks to prohibit kickbacks and unearned fees, but the statute will not provide a remedy where a single settlement provider retains, in its entirety, an unearned fee for services not rendered.

Freeman, et. al. v...

06/20/2012 - 2:53pm

Summary: When construing the scope of easements, the term “assign” follows its legal definition, which is a transfer of all identifiable rights from assignor to assignee.

Hahn v County of Kane, 2012 IL App (2d) 110060, 964 NE2d 1216, (2d D, 2012).

Facts: Robert Hahn owned a 1,200-...

06/20/2012 - 2:39pm

Summary: A probate case does not adjudicate title to land where an inconsistent claim of title is based upon other recorded instruments and the probate case contained no pleadings for a quiet title action.

Gurga v Roth, 2011 IL App (2d) 100444, 964 NE2d 134, 357 Ill Dec 771 (2nd D, 2011...

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