Summary: Reformation of a warranty deed is possible upon the finding of a mutual mistake.
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Dep't of Natural Res. v. Waide, 2013 IL App (5th) 120340 (2013).
Facts: Plaintiff, the Department of Natural Resources 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.
07/17/2013 - 4:57pm
Summary: Neighborhood association did not exceed the scope of an easement burdening resident’s property when it allowed non-waterfront residents to access the reservoir and did not violate the association’s bylaws in using association funds to provide the access.
Bay Colony Civic...
07/17/2013 - 3:34pm
Summary: When relying exclusively in an affidavit in support of a motion for summary judgment, personal knowledge must be satisfied to establish a prima facie case for summary judgment.
Central Bank v. Duncan, 2012 AP 551-FT, 2013 WL 2990648 (Wis. Ct. App. 2013).
... 07/17/2013 - 1:34pm
Summary: In a mortgage foreclosure action, no appellate jurisdiction exists to review a challenge to non-final orders in the absence of applicable Supreme Court rules.
EMC Mortg. Corp. v. Kemp, 2012 IL 113419 (2012).
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...
06/14/2013 - 2:14pm
Summary: Bank employee’s affidavit based on personal knowledge sufficient to establish the bank’s right to enforce a note secured by a mortgage for purposes of summary judgment.
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PNC Bank, N.A. v. Bierbrauer, 346 Wis. 2d 1, 827 N.W.2d...
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