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.
Summary: 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.
Bank of New York Mellon v...
Summary: In an action for breach of warranty deed, the purchaser must prove that the seller used the warranty to induce the purchasers to make the purchase.
Chicago Title Ins. Co. v. Bass, 2015 IL App (1st) 140948.
Go to full opinion.
Facts: In 2003, Patricia Kelver...
Summary: Probate courts have discretion to order the sale of real property free and clear of all liens, under 755 ILCS 5/20-6(b), if such a sale is necessary for the proper administration of the decedent's estate.
Go to full opinion.
In re Estate of LaPlume, 2014...
Summary: Property conveyed to two brothers "as tenants by the entireties" created a joint tenancy with right of survivorship, and not a tenancy in common.
Go to full opinion.
Powell v. Estate of Powell, 14 N.E.3d 46 (Ind. App. 2014).
Facts: By...
Summary: Subjective intent is relevant in an adverse possession claim to rebut the presumption of hostility that arises when all other elements of adverse possession are satisfied.
Wilcox v. Estate of Hines, 2014 WI 60, 849 N.W.2d 280, reconsideration denied (Wis. 2014).
...Print this page
Contact Us
HelpDesk
Email Us