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.
Lis Pendens
878 NE2d 240 (Ind Ct App 2007)
Facts: In 2002, the Clarksons entered into a contract with Summit Custom Homes, Inc. (Summit) to construct their home in Hancock County. In 2003, the Clarksons refused to close on the home because they said it had taken longer and cost...
378 Ill App 3d 1103, 882 NE2d 715, 317 Ill Dec 835 (5th D 2008)
Facts: The Muirs entered in to a contract to purchase real estate from Merano on September 1, 2005. The Muirs deposited $10,000 earnest money with Merano; the rest of the purchase price would be due at closing. The Muirs were...
Merger Doctrine
227 Ill 2d 364, 882 NE2d 536, 317 Ill Dec 656 (Ill 2008)
Facts: This litigation arose from a real estate transaction in September of 2005. In that transaction, the Latas, sellers/defendants, agreed to give the Czarobskis, buyers/plaintiffs, a credit for the years'...
747 NW2d 188 (Wis Ct App 2008)
Facts: The Gilberts and the Geigers owned adjacent land plots along a lake, with the Gilberts owning the northern property and the Geigers owning the southern property. When the land was first divided, the original owner had a survey created and marked...
NE2d 665 (Ind Ct App 2008)
Facts: On April 9, 1999 Ping secured an $80,000 revolving line of credit mortgage from Bank One. On March 9, 2001, Ping took a second mortgage of $103,700 on the same property, the second mortgage being assigned to Bank of America Mortgage (BOA). On March 14,...
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