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.


05/12/2016 - 10:04am

Summary: Where the mortgage agreement stipulates that a certain a State’s law shall govern certain provisions under the contract, counterclaims brought under such State's laws are valid, regardless of whether an action has occurred in another State where the property is located.

KNA...

05/10/2016 - 3:42pm

Summary: Homeowner association did not follow the process outlined in the Declaration regarding requirements to impose sanctions against homeowners, thus the sanctions were invalid.

 

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Bixeman v. Hunter's Run Homeowners Association of St....

04/22/2016 - 9:10am

Summary: An adverse possessor of a parcel must show all elements of adverse possession for ten or more years and must also pay the taxes.

 

Henry v. Liebner, 32 N.E.3d 258 (Ind. Ct. App. 2015)

 

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Facts: William and Mary Ann Henry (“...

04/21/2016 - 2:14pm

Summary: An agreement for a right of first refusal that did not specify a termination date was determined to last until there was a sale of the property. 

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MS Real Estate Holdings, LLC v. Donald P. Fox Family Trust, 2015 WI 49, 362 Wis.2d 258 (Wis. 2015...

04/21/2016 - 10:55am

Summary: Mortgagee-purchaser of a foreclosed condominium failed to extinguish the association's lien under 765 ILCS 605/9(g)(3), because it did not make a payment for assessments incurred after the sale. Therefore, mortgagee-purchaser was required to pay the prior owner's unpaid assessment fees...

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