Summary: Claimant’s name on mechanic’s pre-lien notice and the lien notice need not match identically; idem sonans is permitted. Notice will be sufficient if it substantially complies with the statute while considering three factors: (1) degree of non-compliance; (2) satisfaction of the...
Casenotes
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.
12/10/2013 - 10:05am
Summary: Rule regulating usage of a lagoon for both riparian and non-riparian rights owners by a subdivision association is valid and enforceable.
Trinke Estates Prop. Owners' Ass'n, Inc. v. Terrence L.P., 2012 AP 1032, 2013 WL 3745837 (Wis. Ct. App. 2013).
Facts...
12/05/2013 - 12:13pm
Gotham Lofts Condominium Assoc. v. Kaider, 2013 IL App (1st) 120400.
Summary: The trial court is required to hold an evidentiary hearing on the owner’s motion to vacate judgment of a condominium association's possession in a forcible entry and detainer action.
...
11/08/2013 - 11:05am
Summary: Mortgagor’s three attempts to pay off the balance of a loan in default were deemed insufficient for failure to provide legally acceptable funds.
Blocker v. U.S. Bank Nat. Ass’n, 993 N.E.2d 1154 (Ind. Ct. App. 2013).
Facts: In 2007, the Blockers signed a...
11/04/2013 - 3:40pm
Summary: Landowners and a power company disputed a strip of land where a railroad was constructed many years earlier. The landowners' claims that under federal law, the strip of land had been abandoned and reverted back to the landowners, or alternatively, under Wisconsin law, they had adversely...
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