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.
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...
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...
Summary: Tax reimbursement and lien rights on real estate constitute covenants that run with the land, if the parties so intend, and cannot be extinguished by subsequent mortgage foreclosure.
Bank of America, N.A. v. Cannonball LLC, 2014 IL App (2d) 130858.
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Summary: Circumstantial evidence support the finding that sellers had actual knowledge of defects in the home when they signed the real estate disclosure form, thus committing fraudulent misrepresentation.
Hays v. Wise, 19 N.E.3d 358 (Ind. Ct. App. 2014).
Facts:...
Summary: Equitable assignment applies to mortgage note transfers with the mortgage in question automatically passing by operation of law upon assignment of the note, satisfying the statute of frauds.
Dow Family, LLC v. PHH Mortg. Corp., 2014 WI 56, 354 Wis. 2d 796, 848 N.W.2d 728...
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