The Trusted Adviser


August-September 2015 | Volume 8 - Number 7

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Preparing for Changes in the Title Industry

Peter J. Birnbaum photo

I have had the pleasure of working for you for 34 years. During that time, ATG has confronted numerous challenges at both the marketplace and regulatory levels. Each time, ATG and its members have met the challenges head on --- not just surviving, but flourishing.

Today we face new challenges on a variety of fronts, and they are coming at us quickly. The October 3 TRID implementation date is right around the corner; there are three things you must do to be ready and ATG is here to help. Read more...

Peter J. Birnbaum
ATG President and CEO

IN THE NEWS | New Leader for ATG Subsidiary

Kathryn Van Eeuwen photoKathryn Van Eeuwen Named President, ATG Trust Company — A trust and estate professional with more than 20 years in the wealth management industry, Kathy will be responsible for providing strategic leadership by working with the ATG Trust board and key staff to establish and implement near and long-range goals, strategies, and policies. ATG Trust Company provides clients, through its attorney members, with a full range of trust and money management services.

ATG MEMBERS | Underwriters' Bulletin

Underwriters' Bulletin

Condominium Parking Spaces — Well before closing, you must determine whether your client is buying or selling a parking space and what type of parking space it is.
 

Updated TODI Underwriting Guidelines

 Due to the January 1, 2015 change in the statute, our guidelines for Transfer on Death Instruments have been updated. The good news is that when beneficiaries have a bona fide, third party purchaser, ATG will no longer require beneficiaries to comply with all of the “bond in lieu of probate” requirements! Also, the statute has relaxed some of its strict requirements, including eliminating the need for an Affidavit of Acceptance, among other things. Please check out the new guidelines at Transfer on Death Instrument Underwriting Guidelines.

 

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ATTORNEYS | Practice Notes

Real Estate and Title Insurance News

Transfer Taxes in Illinois — A guide to the Illinois Real Estate Transfer Tax, the types of transactions it applies to, which are exempt, the tax rate, the tax stamp purchase process, and more, including an in-depth look at the municipal taxes and requirements imposed by the City of Chicago.

ATG Discontinues Short Sale Coordination Service — We will process all existing short sale files; however, we are not accepting new files.

Legislative Update

Illinois
Condominium Insurance: Effective January 1, 2016 - Public Act 99-0024 — The Act amends the Mortgage Foreclosure Article of the Code of Civil Procedure regarding the circumstances for appointing a special representative for a deceased mortgagor.

Casenotes

Illinois
Mortgage Foreclosure: Bank of New York Mellon v Karbowski — A 50-day delay between mortgagee's execution of an affidavit and the filing of its motion to allow service by publication of its foreclosure action renders the ensuring publication insufficient to confer personal jurisdiction over the mortgagor.

Indiana
Disclosure: Hays v Wise — Circumstantial evidence supports the finding that sellers had actual knowledge of defects in the home when they signed the real estate disclosure form, thus committing fraudulent misrepresentation.

Wisconsin
Homestead: Dow Family, LLC v PHH Mortgage Corp — 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.

WHAT'S NEW | Trust, CLE, and Process Services

ATG Trust Company logoTrust Client Brochure ATG Trust Company provides a brochure promoting its client services, including implementing estate plans, asset protection, and trust administration.

ATG TRUST MEMBERS: Use this excellent marketing tool to introduce ATG Trust Company to your clients. Contact us at info@atgtrust.com or 312.338.7878 with your copy order or your questions.

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ATG Legal Education logoThe New ATG Legal Education is Here The new platform is both robust and efficient. It has many great features that we know will make managing your CLE much easier, including the ability to take recorded OnDemand programs with most iPads, iPhones, and other mobile devices. Learn more.

COMING IN SEPTEMBER:

NOTE: Login required. You must have a CLE account to register, see Creating Your Account

Illinois Underwriting, Part 3 - 09.09.2015 | Experienced ATG underwriters address the most common issues member agents and their employees ask about in underwriting calls and other inquiries (mechanics' liens, condominiums, and more). Learn more.

Lender Vetting – A Guide for ATG Agents - 09.15.2015 | An overview of Lenders' requirements of title companies in the vetting process. Learn more.

Wisconsin Underwriting Manual, Part 2 - 09.23.2015 | This two-part program series is designed to familiarize you with its content and how to use it when conducting your real estate transactions. Learn more.

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ATG LegalServe logoFAST AND FLEXIBLE: The Process Server Responsive to Your Needs Get the finest process serving available to lawyers today. Learn what the LegalServe Difference can make in your practice and place your order today! Find us with Google Plus.

[Last update: 9-4-15]