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: Incorrect completion dates in mechanics' lien claim did not materially affect defendant's right to notice under the mechanics' lien statute and the liens were facially enforceable.
North Shore Community Bank v. Sheffield Wellington, 2014 IL App (1st) 123784.
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Summary: The definition of a "unit" in the condominium declaration, rather than the definition in the Condominium Ownership Act, controls when determining voting rights for unbuilt units.
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Northernaire Resort & Spa, LLC v. Northernaire Condo...
Summary: A mortgage may be reformed if it is faulty in some manner. One manner in which the mortgage may be faulty is an incorrect legal description.
Beneficial Financial I., Inc. v. Hatton, 998 N.E.2d 232 (Ind. Ct. App. 2013).
Facts: Howard and Sharon Hatton...
Summary: Under 735 ILCS 5/12–901, the spouse of a titleholder, who is not on title to the property but maintains the property as her primary place of residence, cannot claim a homestead exemption.
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GMAC Mortgage, LLC v. Arrigo, 2014 IL App (2d) 130938,...
Summary: Wis. Stat. Ann. § 846.102 on abandoned property (1) dictates a five-week redemption period dependent on the condition of the property, (2) does not place a burden upon the plaintiff to prove abandonment, and (3) does not limit election of the five-week redemption period to plaintiffs...
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