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.
553 Ill App LEXIS 2008 (1st D 2008)
Facts: Plaintiff Louis Maniez filed a complaint to foreclose a judgment lien against defendants Masayo Koshiyamo and Robert Jolly in 2005. Attached to the complaint were the following two documents: (1) the February 28, 1997, circuit court order...
Easements
Roberts v Tholl, 745 NW2d 87 (Wis Ct App 2007).
Facts: On September 22, 1999, George and Deborah Roberts Family, LLC (Roberts) purchased a tract of land from Peter F. Becker, which was fronted on one side by County Trunk Highway LL, formerly State Highway 141, and on the...
Tax Deeds
Vanderburgh County Auditor, et al v Michiana Campgrounds, LLC, 873 NE2d 1051 (Ind 2007).
Facts: Michiana Campgrounds, LLC (Michiana) purchased several properties in a 2004 tax sale in Vanderburgh County. The company then filed petitions for the issuance of tax deeds to...
Taxation
Bigelow Group, Inc v Rickert, 377 Ill App 3d 165, 877 NE2d 1171, 315 Ill Dec 842 (2d D 2007).
Facts: Bigelow Group, Inc. (Bigelow), a housebuilder that sold homes to the individual plaintiffs, was in the practice of dividing its developments into several lots, dividing...
Mortgage Foreclosure
Household Bank v Lewis, 2008 WL 2132467, 2008 Ill. LEXIS 324 (Ill 2008).
Summary: High bidder at mortgage foreclosure sale does not have title to real estate until the sale is confirmed by the court.
Facts: In 1999 Jewel Lewis gave a...
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