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 mortgagee is not obliged to extend a Home Affordable Modification Program to an unqualified mortgagor.
Chase Home Finance, LLC v. Scarpace, 2013 WI App 55, 347 Wis. 2d 548, 830 N.W.2d 722 review denied, 2013 WI 87, 350 Wis. 2d 727, 838 N.W.2d 636 (2013).
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Summary: The Doctrine of Title by Acquiescence applies when owners of adjoining property, in the absence of fraud, (1) agree to establish a boundary line and (2) improve their respective share.
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Garrett v. Spear, 998 N.E.2d 297 (Ind. Ct. App....
Summary: The Illinois Conveyances Act (765 ILCS 5/28) does not require recording of mortgages or mortgage assignments.
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Union County, IL. v. MERSCORP, Inc., 735 F.3d 730 (7th Cir. 2013).
Facts: Union County, with several of its...
Summary: Mortgage liens recorded before land contracts are superior between the two.
Lunsford v. Deutsche Bank Trust Co. Americas as Tr., 996 N.E.2d 815 (Ind. Ct. App. 2013).
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Facts: Walter E. Lunsford entered into a land...
Summary: Village of Brown Deer street improvement did not amount to an unconstitutional taking, even though the majority, but not the entire, of the unrecorded street was 66 feet wide.
Village of Brown Deer v. Balisterri, 2013 WI App 137, 351 Wis. 2d 665, 841 N.W.2d 59 review...
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