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: Lender was not a bona fide mortgagee without notice of another's adverse interest in the property because it had inquiry notice.
US Bank Nat. Ass'n v. Villasenor, 2012 IL App (1st) 120061.
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Facts: Ruthie Lee Ellis (Ellis) owned the subject...
Summary: Action for reformation of deed was barred under the doctrine of laches, because a 46 year delay in filing the claim was inexcusable based on the facts. Action for adverse possession was barred, because both parties were granted an easement to use a roadway thus negating the...
Summary: Mortgage priority cannot be adjudicated unless the court acquired personal jurisdiction over the primary lender through proper service of process.
CitiMortgage, Inc. v. Barabas, 975 N.E.2d 805 (Ind. 2012).
Facts:
Shannon Barabas took out a mortgage in 2005 from...
Summary: Alleged “defective” return of service lacking a process server's employment status with a private detective agency did not invalidate service, and thus, did not void the subsequent judgment of foreclosure, especially after the employment status was cured by an amended affidavit.
...
Summary: Failure to file a special appearance, when filing more than 30 days after the complaint, meant mortgagor could not maintain improper service challenges.
J.P. Morgan Mortgage Acquisition Corp., v Straus, 2012 IL App (1st) 112401 (1st Dist. 2012).
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