April 2010 | Volume 3 • Number 4
Some content is password-protected for ATG members only. Not an ATG member? Not an ATG member? Apply today!


Who Owns the Beach?
When Strolling the Shore, Water is Clear...Beach Rights are Murky
Some years ago, my wife and I started looking for a weekend home in Southwestern Michigan. We both grew up spending our summers on the Lake. The dunes in those days were 30 feet high! We were hoping to re-create some of those same beach-loving memories with our young children.
As we looked for homes in the great little towns along the Southwest Michigan coast, it was much as we both remembered it: with the exception of the beaches. The prices were through the roof; and with that prodigious investment came a corresponding (and understandable) desire of owners to protect that pricey turf.
We noticed that some owners protect their beaches with enthusiasm. Threatening signs loom. When beachcombers walk along these stretches, they receive icy glares. Fights almost break out... read more
Peter J. Birnbaum
President and CEO



ATTORNEYS | Practice Notes
"Better Late Than Never" Not Applicable Here - When a title insurance company is prejudiced by a late notice of loss by the insured, the insurer can terminate the policy. The insurer needs to show it would have been able to assert meritorious defenses to defend the insured... read more
Fraud; Notary Act
Bank of America, NA v Bird | The Notary Act does not preclude common law actions against employers of notary publics and such claims carry a right to a jury trial... read more
Mechanic's Liens
Lincoln Bank v Conwell Construction | In applying Indiana Code &§32-28-3-5(d) preparations for subdivisions are not considered : (1) construction of homes; (2) construction auxiliary to homes; or (3) construction on property controlled by a utility... read more
Garrett v O'Dowd | The majority rule is that, absent any mention of exclusivity, an easement is unambiguously nonexclusive... read more



ATG MEMBERS | Underwriters' Bulletin
This section for ATG members only provides updated procedural and underwriting information. If you keep hard copies of our Member Handbooks in your office, print this information for insertion.

Login required to view links.

E-mail your questions to Christine Sparks.
Endorsements: Creditors' Rights Coverage Eliminated | ATG has joined Fidelity National Title Group and First American Title Insurance Company in eliminating Creditor Rights Endorsement Coverage from Owner and Mortgagee Policies, effective immediately... read more
Mortgages: Omitted Mortgagor - Whoever Owns Property Must Unconditionally Execute the Mortgage | ATG agents are responsible for examining mortgages to make sure they are insurable... read more



IN THE NEWS | Free Keep Your Home Event
Events Scheduled in Chicago Area
ATG presents Fix Your Mortgage|Get FREE assistance applying for the Making Home Affordable program - Click Here for Details
Attorneys' Title Guaranty Fund (ATG) continues its series of free events to help distressed homeowners:
  • April 24, Lane Tech High School, Chicago
  • May 15 (tentative), Hillcrest High School, Country Club Hills
  • June 5, Curie High School, Chicago

More sessions will be added to the schedule soon. Volunteers are always welcome. Let us know if you'd like to help Chicago homeowners stay in their homes.



WHAT'S NEW | Member, CLE, Process, and Trust Services
  Re-Activate your ATG Membership - Has it been a while since you issued a policy? Are you ready to get started again? It's easy, and we can help. Make a small investment of time, start writing policies again, and add to your bottom line. Contact Member Services Representative Bob Dillow today!
Legal Ed Logo Sml Earn All Your CLE in One Place with One Payment - If you plan to attend three or more CLE programs before the end of June, buy one of our Lawyer Discount Packages &€” pay for three, the rest are FREE! See ATG Legal Education at for more information.
  NEW! Process Service and Skiptracing - Get the finest process service available to lawyers today. Fast, accurate, with nationwide reach and competitive rates. ATG LegaLServe, ATG's newest subsidiary, is fully licensed and insured, and serves papers daily... learn more
ATG Trust logo About Us: An Introduction - You can offer a full range of trust services, including an array of high-quality investment vehicles with proven performance results, many of which are typically available only to very high net worth individuals and institutions. through ATG Trust... read more



Back to Issues Index

[Last update: 4-21-10]