December 2012 | Vol. 5, No. 10

Underwriters' Bulletin

Agency Escrow Disbursement Agreement Form Changes — Please be sure to access the form through Resource, or our website, to be sure you are using the new version.

Procedural Update

ATTN: Chicago-Area Members - 2013 Zoning Certificate of Compliance Fee Increase — The City of Chicago announced on December 3, 2012, that effective January 1, 2013, the Zoning Certificate of Compliance will increase from $90 to $120.

Title Tips

Representing a Buyer in an REO? Provide a Survey — Without a survey, ATG cannot provide extended coverage.

Of Note

Colorado

Bankruptcy: Sender v Cygan — A document recorded with a street address and without a legal description did not provide sufficient notice to defeat a bankruptcy trustee’s strong arm power.

Casenotes

Illinois

Foreclosure: CitiMortgage, Inc v San Juan — A foreclosing lender cannot make a Section 2-1401 motion after the sale is confirmed to vacate the proceedings on the basis of the lender’s own mistake of fact about the value of the collateral.

Indiana

Easements: Cochran v Hoffman — A right of way easement without further limiting language includes the right to park.

Wisconsin

Contracts: 303, LLC v Born — Unrecorded offer to purchase containing a right of first refusal that did not identify which parcel, of many the grantor owned in the same county, was the subject of the right, did not meet the requirements of the statute of frauds.

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[Last update: 12-13-12]

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