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.
Deutsche Bank Nat. Trust Co. v Gilbert, 2012 IL App (2d) 120164 (2d Dist. 2012).
Summary: A lender who initiates a foreclosure proceeding before receiving an assignment of the mortgage has no standing to make a complaint for foreclosure.
Facts: On August 15, 2005, James Gilbert (...
Summary: A failure to pay the same amount and defaulting at the same time is not enough by itself to establish a prima facie case that two parties are similarly situated.
M & I Marshall & Ilsley Bank v Nunnery, 2011 AP 1987 (Wis. Ct. App., 2012).
Facts: Willie and Judy...
Summary: A party seeking reformation of a deed on grounds of mutual mistake must prove by clear and convincing evidence that the written agreement does not set forth the intention of the parties.
Tyler v Schoenherr, 2011 AP 2075 (Wis. Ct. App., 2012).
Facts: The Tylers and the...
Summary: Affidavits must qualify records custodians as having personal knowledge of the authenticity of records and the manner in which they were created.
Arch Bay Holdings, LLC-Series 2010A v David L. Gartland, et. al., 2012 AP 756-FT ( Wis. Ct. App., 2012).
Facts: David...
Summary: A partial appraisal by itself does not constitute a sufficient objection to a foreclosure sale.
Sewickley, LLC v Chicago Title Land Trust Co., 2012 Il App 112977, 974 NE2d 397, 362 Ill Dec 876 (1st D, 2012).
Facts: A loan secured by real estate was made to the defendant...
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