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.

01/18/2016 - 4:55pm

Summary: A lien can attach to one debtor’s interest in real property, though the property is owned by several people as tenants in common.


Prince Corp. v. Vandenberg, 868 N.W.2d 599 (Wis. App. 2015).


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Facts: James Vandenberg,...

01/18/2016 - 4:39pm

Summary: A lis pendens notice can provide constructive notice for the successor mortgagee of a foreclosure on an enforceable, unrecorded judgment lien.

JPMorgan Chase Bank, N.A. v. Claybridge Homeowners Association, 39 N.E.3d 666 (Ind. 2015).

Facts: In 2004, Claybridge Homeowner’s...

01/18/2016 - 3:42pm

Summary: The attorney agents of defendant title companies did not violate RESPA in that they did perform services to earn their payment from the title companies; the reasonableness of the amount paid to the attorney agents is irrelevant.

Chultem v. Ticor Title Insurance Co., 2015 IL App (...

12/03/2015 - 4:35pm

Summary: Under the Statute of Frauds, modifications of a written contract for the purchase of land must to be in writing.

Huber v. Hamilton, 33 N.E.3d 1116 (Ind. App. 2015).


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Facts: On November 15, 2007, Roger Hamilton sold commercial...

12/03/2015 - 3:21pm

Summary: The government must provide compensation for the taking of any private land.


Somers USA, LLC v. State of Wisconsin Dept. of Transportation, 864 N.W.2d 114 (Wis. App. 2015).


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Facts: Somers USA, LLC, (Somers) purchased...