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: The particularity required for affidavits under ILCS 5/2-206 requires a person to swear to the specific actions taken in the attempts to serve process.
Deutsche Bank National Trust Company v Brewer, 2012 IL App (1st) 111213, 974 NE2d 224, 362 Ill Dec 703 (1st D, 2012).
...
Summary: A title insurer’s failure to except a defect does not constitute negligence or defeat an equitable claim.
United Community Bank v Prairie State Bank & Trust, 2012 IL App (4th) 110973, 972 NE2d 324, 361 Ill Dec 839 (4th D, 2012).
Facts: On May 12, 2005, Santarelli and...
Summary: A General Administrative Order (GAO) issued by the presiding judge of the chancery division of the circuit court, setting procedures for mortgagees to obtain appointment of special process servers in foreclosure actions does did not conflict with or circumvent statutes setting...
Summary: The plain language of the easement governs despite practical indications that might suggest otherwise.
Trust No. 6011, Lake Cy Trust Co. v Heil’s Haven Condominiums Homeowners Ass’n, 967 NE2d 6 (Ind. Ct. App., 2012).
Facts: Simon and Victoria Beemsterboer live on property...
Summary: Judicial estoppel prevents a party who sought a dismissal of foreclosure in order to sell the property from later claiming the sale invalid due to lack of authority.
Swan Sales Corp. v Tillman, 816 NW2d 351, 2011 AP 859 (Wis. Ct. App., 2012).
Facts: Swan Sales Corporation...
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