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: Restrictive covenants in a private agreement exist independent of a zoning ordinance and may be enforced by the parties to the private agreement, even if a similar zoning ordinance is prohibited by state law.
Restrictive Covenants
Benjamin Crossing Homeowners’...
Summary: Notice of a tax sale served on an organization does not need to be addressed to an executive officer to be proper, it only needs to be sent to the last known address contained in the public record.
Tax Deeds
Badawi v Orth, 955 NE2d 849 (Ind Ct App,...
Summary: Under Illinois law a prescriptive easement can only be established if the element of exclusivity is met. The party claiming exclusivity must prove that he or she possessed the property to the exclusion of the true owner.
Adverse Possession
Catholic Bishop...
Summary: A challenge to a plaintiff’s standing in a mortgage foreclosure case may not be raised at the confirmation of sale hearing.
Foreclosure; Mortgages
Deutsche Bank National Trust Co v Snick, 2011 Ill App (3d) 100, 436, 957 NE2d 1273, 354 Ill Dec 480 (3d D...
2008 WI 86, 2005 AP 001287 (Wis 2008).
Facts: The Stuarts entered into two contracts with Weisflog's Showroom Gallery, Inc. (WSGI) for the design and building of an addition to their home. Subsequently, an examination revealed numerous construction defects and building code...
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