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.


11/13/2015 - 2:47pm

Summary: Once a circuit court determines a property is abandoned, it has the authority to order a mortgagee to sell the property after the redemption period. The court must order the property be sold in a reasonable time.

 

Bank of New York Mellon v. Carson, 859 N.W.2d 422 (Wis....

11/13/2015 - 12:20pm

Summary: In order to set aside a default judgment, the movant must provide evidence of a meritorious defense and that the relief sought is necessary and just.

 

Kretschmer v. Bank of America, N.A., 15 NE 3d 595 (Ind. App. 2014).

 

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11/09/2015 - 2:18pm

Summary: A deed into trust does not need to be recorded to vest title in the trust. A statement in an unrecorded trust agreement that the settlor/trustee was holding property as part of the trust was sufficient to bring the property into the trust.

Estate of Mendelson v. Mendelson, 2015...

09/21/2015 - 4:11pm

Summary: Under Wis. Stat. § 846.101(2), the phrase “shall be given,” as it pertains to notice of a foreclosure sale during the six-month redemption period, is directory and not mandatory.

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Bank of America, N.A. v. Prissel, 2015 WI App 10, 359 Wis. 2d 561...

09/21/2015 - 3:24pm

Summary: A mortgage does not need to be notarized in order to be enforceable in Indiana.

 

Estate of Borgwald v. Old National Bank, 12 N.E.3d 252 (Ind. App. 2014).

 

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Facts: On March 21, 2001, Mildred Borgwald executed her Last Will...

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