March 2011 Vol. 4, No. 2
 

Underwriters' Bulletin

Claims Corner
Contact Christine Sparks in the Legal Department with any questions or comments. We value your feedback!

Fraud; Power of Attorney: Powers of Attorney and Real Estate Fraud— Real estate fraud is on the rise and the perpetrators are targeting transactions involving powers of attorney...read more

 

Real Estate and Title Insurance News

Power of Attorney: Power of Attorney Act Amendments—ATTN ILLINOIS MEMBER ATTORNEYS:Effective July 1, 2011, amendments to the Illinois Power of Attorney Act will create new provisions that may affect your practice, including the signing of documents at a home closing...read more

 

Trust and Estate Planning News

February 2011 Outlooks— The economy continues to show signs of underlying growth, but at a relatively sluggish rate, with the economy in the fourth quarter growing at an annual rate of 3.2%. This increase resulted in real gross domestic product (GDP) finally exceeding the pre-recession peak seen in the fourth quarter of 2007...read more

 

Casenotes

Illinois
Contracts:PI 180 N LaSalle Owner, LLC v 180 N LaSalle II, LLC— The 2008 Global Credit Crisis did not render the ability to obtain commercially practical financing unforeseeable...read more

Judgments:Tobias v Lake Forest Partners, LLC— Even if plaintiff wins post-judgment attorney fees and costs, such costs are not ancillary to an underlying judgment and do not gain the same lien priority as an underlying judgment...read more

Mechanic's Liens:Action Plumbing Company Inc v Bendowski— Attorneys' fees cannot be assessed against subsequent owners under Section 17(b) of the Mechanic's Lien Act through personal judgment or by increasing the lien amount...read more

Mechanic's Liens:Fleissner v Fitzgerald— If a contractor enters into an oral contract with a consumer which the consumer fails to honor, the contractor may seek equitable relief for unjust enrichment andquantum meruit...read more

Mechanic's Liens:Mostardi-Platt Assoc Inc v Czerniejewski— Mechanic's liens may not be enforced for design or building work or other prospective studies for non-owner parties...read more

Mechanic's Liens:Universal Structures Ltd v Buchman— A violation of the Home Repair and Remodeling Act does not render the underlying contract void, but merely gives rise to a cause of action under the Consumer Fraud and Deceptive Business Practices Act...read more

Municipalities:Village of Ringwood v Foster— Village was required to give any lienholders notice prior to any demolition order...read more

Municipalities; Tax Deeds:Strong v City of Peoria— A real estate tax purchaser must be notified prior to the city's demolition of the property...read more

Real Estate Taxes:Calumet Transfer, LLC v Property Tax Appeal Board— Property sales by a party in bankruptcy may or may not be considered arm's length transactions for property tax assessment purposes...read more

Tax Deeds:SI Securities v Powless— Using the former legal description on notices in a tax deed proceeding does not negate the validity of the notices or the jurisdiction of the court...read more

Indiana
Bankruptcy; Contracts:Weigand Const Co v Stephens Fabrication Inc— A contractual provision requiring written notice of a claim for additional money for changed circumstances of a project will bar a claim, even if oral notice was provided...read more

Real Estate Taxes:In re County Treasurer and ex officio County Collector of Lake County— A devisee of real property is an "interested party" under the tax code. A diligent attempt to provide notice includes examining the probate record for the devisee's address...read more

Wisconsin
Adverse Possession; Surveys:Northrop v Opperman— Acquiescence may change property boundaries upon expiration of the statutory period, but acquiescence does not affect boundaries on a government survey...read more

Contracts:Ash Park LLC v Alexander & Bishop Ltd— An order of specific performance in a real estate purchase contract does not require a showing of the inadequacy of other remedies...read more

Contracts:Brophy v Rothschild— Even when a contract requires written notice, actual notice may render the breach immaterial...read more

Easements:Grygiel v Monches Fish & Game Club Inc— When determining if the terms of an easement have been violated, the proper standard is whether the action was consistent with the terms of the easement...read more

Easements:Hanson v State Dept of Natural Resources— Extrinsic evidence is not admissible in considering an easement if the instrument creating said easement is clear and unambiguous...read more

Easements:House v Pasko— In Wisconsin, an easement by implication only arises from clear and absolute necessity when no reasonable alternative exists for access to property...read more

Easements:Husar v City of Brookfield— A public easement condemned by the city can so change the character of a residential property so as to be considered a total taking...read more

Easements:Konneker v Romano— Law applicable to an easement conveyance of riparian rights depends on the year the conveyance was made...read more

Easements:Mnuk v Harmony Homes— When it is still possible to achieve the purpose of an easement it should be modified under the theory of impossibility...read more

Ethics:Groshek v Trewin— An attorney who abused his position to purchase his clients' property was liable for breach of fiduciary duty...read more

Foreclosure:Bank Mutual v SJ Boyer Const Inc— Lenders do not need to waive deficiency against loan guarantors to qualify for shorter statutory redemption period...read more

Foreclosure:Waterstone Bank SSB v Panenka— In determining the result of a successful TILA claim, the proper question is whether the remedy puts the borrower back in the same position as they were before the offending loan...read more

Municipalities:Hocking v City of Dodgeville— The statute of repose for actions alleging injury as a result of improvements to real estate is ten years and its exceptions are narrowly construed...read more

Subdivisions:Hawk's Landing Homeowners Association Inc v Cox— In considering the restrictive covenants governing a subdivision and creating a homeowner's association, the court must interpret the language very strictly in favor of the owners...read more

© ATG|Casenotes/Bulletin 1103_v4n2

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