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: Assignment of a note is valid despite blank and undated allonge.
Buchanan v. HSBC Mortgage Servs., Inc., 993 N.E.2d 275 (Ind. Ct. App. 2013).
Facts: In July 2006, Roger Buchanan and Susan Buchanan (the “Homeowners”) signed a promissory note and mortgage...
Summary: When the County followed all of the statutory procedures to foreclose its tax lien, defenses such as the lack of county jurisdiction on federal land patent, payment other than in cash, the lack of a requisite tax certificate under a different statute, and an unconstitutional taking are...
Summary: Trial court did not have authority to modify a mortgage agreement without the consent of both parties participating in a settlement conference if the parties do not agree to the modification.
Nationstar Mortgage, LLC v. Curatolo, 990 N.E.2d 491 (Ind. Ct. App. 2013)....
Summary: When a party refinanced the first mortgage and entered into a subordination agreement with a second mortgage holder, the subordination agreement could not be held invalid for summary judgment purposes.
Park Bank v. Jackson, 349 Wis.2d 787, 2013 WI App 105 (Wis. Ct. App....
Summary: A party cannot establish color of title under Section 13-110 of the Limitations Act (735 ILCS 5-13-110) based on the fact that it paid property taxes for 7 years, if the land was not vacant and unoccupied.
Hoch v. Boehme, 2013 IL App (2d) 120664.
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