January-February 2012 | Volume 5 - Number 1
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Update from the ATG Administration
ATG Hits the Ground Running
What's on the Horizon for 2012
![]() We are excited to launch two new technology initiatives in 2012 that will significantly enhance our communications and online interactions with our members. Read the full article. Sincerely, Jerry T. Gorman |
ATTORNEYS | Practice Notes
REAL ESTATE AND TITLE INSURANCE NEWS
Signing Documents for Your Clients without Power of Attorney - Only a few circumstances allow attorneys to sign documents for clients without a power of attorney.
EFFECTIVE JANUARY 1, 2012: Notice Regarding Water and Sewer Charge Full Payment Certificates - As a result of a recent amendment to the City of Chicago Municipal Code, all transfers of property will require a Full Payment Certificate (FPC). This will include previously exempt property transfers such as quit claim and government agency transactions.
EFFECTIVE JANUARY 15, 2012: Cook County Document Fees Increasing - The Cook County Board of Commissioners passed an ordinance amendment, raising the per document Internet Document Copy and Document Storage Fees.
CASENOTES
Illinois
Foreclosure
U.S. Bank v Dzis - A circuit court has the authority to allow private detectives to act as process servers because service of process is not a fundamental or substantive right.
Indiana
Foreclosure
Citizens State Bank of New Castle v Countrywide Home Loans, Inc - A junior lienholder is unaffected by a foreclosure action if inadvertently unnamed by the foreclosing mortgagee.
Wisconsin
Easements
Psicihulis v Samarzja - An easement giving a landlocked property access to a lake does not include the right to build a pier, unless that right is unambiguously contained in the easement.
OF NOTE
Federal (Pennsylvania)
Easements
Nationwide Life Ins Co v Commonwealth Land Title Ins Co - To exclude coverage under the ALTA 9 Endorsement, the title insurer must "except expressly" any restrictions it finds in the instruments. Title insurance companies bear the burden to detect and except those restrictions.
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ATG MEMBERS | Underwriters' Bulletin
PROCEDURAL UPDATES
ATG Requires Co-Exam Approval to Issue - A co-exam, when an ATG underwriter reviews a commitment, policy, and/or Date Down Endorsement for approval to issue, is required, in some cases by ATG Regulations, in the following situations (from the October 2010 ATG Casenotes and Underwriters' Bulletin).
Recording Requirements Strictly Enforced - How to be sure your recordable documents meet all State of Illinois requirements and avoid recording delays and additional charges.
REMINDER: Order a Title Search - ATG mandates title searches by approved search providers when members issue ATG policies (see Regulation No. 3: Title Search Requirements). Our Order a Title Search page provides the resources you need to meet this requirement. Choose from our staff who can search select counties for you or from a large selection of approved members and independent providers in Illinois, Indiana, and Wisconsin.
REMINDER: 1099 Reporting - ATG has received numerous inquiries about the mechanics of satisfying the reporting requirements under Section 6045 of the Internal Revenue Code. We have gathered the information you need to understand and meet these requirements on the member section of our website, including an OnDemand seminar.
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IN THE NEWS | ATG Moved Mt. Prospect Operations in January, ATG's Arden Miner Promoted to Subsidiary Executive VP
ATG Moving Mt. Prospect Office to Arlington Heights - As of January 25, our new address is:
2355 South Arlington Heights Road, Suite 100 Arlington Heights, IL 60005-4500 Phone: 847.357.1263 | Fax: 847.357.1369 The Mt. Prospect office closed for business on Monday, January 23. We look forward to serving you from our new location. ![]() She brings more than ten years of experience and expertise to our process service subsidiary. Congratulations, Arden! |
WHAT'S NEW | Member, CLE, Process, and Trust Services
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![]() Attorneys' Title Guaranty Fund, Inc. (ATG) and subsidiaries provide services for member attorneys and their real estate clients. ATG also works with lenders, Realtors, and other parties to ensure that each real estate transaction is completed in a professional and hassle-free manner. Contact us today! 800.252.0402. |
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