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: If property owners and contractors have an agreement that no mechanic’s liens shall attach to the property in the event of nonpayment, subcontractors will be held to that agreement if they have sufficient notice of its existence.
Feitler v. Springfield Enterprises, Inc., 978 N.E....
Summary: A reaffirmation agreement that unambiguously applies to one loan does not constitute a dispute under Accord and Satisfaction, when payment only satisfies one of two liens.
Molitor v. Advantage Community Bank, 345 Wis.2d 848, 2012 AP 487 (Wis. Ct. App. 2012).
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Summary: The Illinois Mortgage Foreclosure Law governs the mode of procedure for mortgage foreclosures in Illinois and supersedes any inconsistent statutory provisions from other sections of the Code.
U.S. Bank v. Prabhakaran, 2013 IL App (1st) 111224.
Go...
Summary: Plaintiff’s three prescriptive easements were properly established over a right-of-way owned by defendant. Defendant’s interference with the use of the easements properly resulted in an award of nominal and punitive damages to the plaintiff.
Chicago Title Land Trust Co. v. JS II...
Summary: Borrower’s action of issuing an order to wire funds on the date payment was due constituted “making payment” under a forbearance agreement with the lender, and was not considered untimely.
Singleton v. Fifth Third Bank, 977 N.E.2d 958 (Ind. Ct. App. 2012).
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