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 previously recorded mortgage lien on land has priority over a mechanics' lien claim. However, mechanics' lien claimant can recover by removing the improvements to the building.
Wells Fargo Bank, N.A. v. Rieth-Riley Construction Co., 38 N.E.3d 666 (Ind. App. 2015).
Facts...
Summary: The purchaser of real estate has a duty to examine the public record and is chargeable with notice of whatever is shown by the record, even if the matter was not reflected on the title commitment.
Hachem v. Chicago Title Ins. Co., 2015 IL App (1st) 143188.
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Summary: Where the mortgage agreement stipulates that a certain a State’s law shall govern certain provisions under the contract, counterclaims brought under such State's laws are valid, regardless of whether an action has occurred in another State where the property is located.
KNA...
Summary: Homeowner association did not follow the process outlined in the Declaration regarding requirements to impose sanctions against homeowners, thus the sanctions were invalid.
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Bixeman v. Hunter's Run Homeowners Association of St....
Summary: An adverse possessor of a parcel must show all elements of adverse possession for ten or more years and must also pay the taxes.
Henry v. Liebner, 32 N.E.3d 258 (Ind. Ct. App. 2015)
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Facts: William and Mary Ann Henry (“...
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