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: A city may deny a permit for the right to drill for oil within its city limits, even if the statute governing such permits only grants the city the power to give “official consent.” Official consent necessarily includes the right to deny.
Tri-Power Resources, Inc v City of...
Summary: Federal regulations concerning HAMP do not preempt state causes of action.
Wigod v Wells Fargo Bank, N.A., 673 F3d 547 (7th Cir., 2012).
Facts: Congress enacted the Emergency Economic Stabilization Act in response to financial conditions in 2008. Under the act, the Trouble...
Summary: Class certification is inappropriate for overcompensation violations of RESPA; a case-by-case examination is required to determine violations.
Howland v First American Title Ins. Co., 672 F3d 525 (7th Cir., 2012).
Facts: First American Title Insurance Company (First...
In re Crane, BR 11-90592, 2012 WL 1155738 (Bankr. C.D. Ill. Apr. 5, 2012); on appeal as, The Gifford State Bank v Richardson, 12-CV-21146 (C. D. Ill.).
Summary: Mortgages are avoidable in bankruptcy if the recorded mortgage fails to include the total indebtedness, the interest...
Summary: Sellers’ and real estate agents’ misrepresentation of facts about the nature and character of the utility easements and building code violations may be a misrepresentation that falls under an exception to the Moorman Doctrine.
Olson v Hunter's Point Homes, 2012 IL App (5th)...
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