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: By statute, notice of a motion to confirm a judicial sale may be made before the sale, but the motion itself must be made after the sale.
Citibank, N.A. v. Monroe, 2013 IL App (2d) 120593.
Facts: On June 11, 2010, plaintiff, Citibank, N.A. (Citibank)...
Summary: A third party does not have standing to file a quiet title action after it has conveyed away its interest and a quitclaim deed is used to correct an erroneous legal description in the conveyance.
Harris, N.A. v. Sauk Village Development, LLC, 2012 IL App (1st) 120817....
Summary: Filing of a lis pendens gives constructive notice to every mortgagor acquiring a lien on the land or every person subsequently acquiring an interest in the land, even a bona fide purchaser.
Bank of New York v. Langman, 2013 IL App (2d) 120609.
Facts: This...
Summary: The common law requirement that a deed include words of inheritance to convey full title to real estate is no longer the law in Wisconsin.
In re Estate of Popp, 349 Wis.2d 526 (Wis. Ct. App. 2013).
Facts: Mary and Donald Popp had held a 274-acre farm as...
Summary: In a mortgage foreclosure case, a motion to quash for invalid service made more than 30 days after the court’s final order confirming the sale is in substance a Section 2-1401 petition, even if the motion failed to specifically invoke the Section.
OneWest Bank,...
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