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: Tax deed issued to the purchaser in tax sale is void if notice to the owner of the property incorrectly states the date of tax sale.
Lindsey v. Neher, 988 N.E.2d 1207 (Ind. Ct. App. 2013).
Facts: Lottie E. Carmack left five parcels of real estate...
Summary: Participating in a court ordered telephone settlement conference does not constitute an appearance to a foreclosure proceeding. A lack of notice prior to resuming a foreclosure proceeding when it is agreed that the case will not be dismissed does not constitute fraud or...
EDITOR’S NOTE: See Wilcox v Estate of Hines (Wisconsin Supreme Court, 2014) for the most current decision.
Summary: In the context of adverse possession, hostile intent refers to a possessor’s actions and not to a possessor’s subjective belief.
Go to full opinion.
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Summary: Under the Residential Real Property Act, seller’s obligation to disclose defects in walls did not include the obligation to disclose defects in windows or doors when the statute specifically enumerated walls, but not windows or doors.
Kalkman v. Nedved, 2013 Ill...
Summary: The common law requirement that a grantor cannot also be a grantee in a deed creating joint tenancy is no longer the law in Wisconsin.
Marchel v. Estate of Marchel, 2012 AP 2131 (Wis. Ct. App. 2013).
Facts: Two brothers, Thomas Marchel (Thomas)...
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