This section contains all the casenotes published in our monthly newsletter, Casenotes & Underwriters' Bulletin, plus additional case law the ATG Underwriting Department identifies as noteworthy for ATG member agents.

10/27/2022 - 3:33pm


Burke v. Nationstar Mortgage, LLC, 2022 WL 888811 (N.D.Ill. 2022)

Facts: Plaintiffs (the Burkes) were attempting to refinance their mortgage loan with the defendant (Nationstar). The escrow agent was supposed to be Title365, an affiliate of Nationstar. The refinancing...

10/27/2022 - 3:04pm

Summary: Was COVID-19 and its resulting public health rules implemented to combat it, a “casualty” under a lease. Did COVID-19 make it impossible to operate a restaurant? 

55 Jackson Acquisition, LLC v. Roti Restaurants, 2022 IL App (1st) 210138 (March 18, 2022)

Facts: Plaintiff,...

06/17/2020 - 3:21pm

2018 IL App (5th) 170354

Summary: Once property taxes become delinquent the county collector may file an application for judgment and order of sale on the delinquent property. The Property Tax Code requires that the county collector publish notice of its intent to file an application for...

06/16/2020 - 3:23pm

2019 IL App (1st) 172913

Summary: Section 7 of the Illinois Conveyances Act states that if any person attempts to sell and convey land that they do not have legal title to, but after the sale actually does acquire legal title, it shall be taken and held in trust and the conveyance shall...

04/23/2020 - 2:48pm

2018 IL 12308.

Summary: Based on the single refiling rule if "the action is voluntarily dismissed by the plaintiff, or the action is dismissed for want of prosecution, the plaintiff, his or her heirs, executors or administrators may commence a new action within one year or within the...