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.

01/18/2016 - 3:42pm

Summary: The attorney agents of defendant title companies did not violate RESPA in that they did perform services to earn their payment from the title companies; the reasonableness of the amount paid to the attorney agents is irrelevant.

Chultem v. Ticor Title Insurance Co., 2015 IL App (...

12/03/2015 - 4:35pm

Summary: Under the Statute of Frauds, modifications of a written contract for the purchase of land must to be in writing.

Huber v. Hamilton, 33 N.E.3d 1116 (Ind. App. 2015).


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Facts: On November 15, 2007, Roger Hamilton sold commercial...

12/03/2015 - 3:21pm

Summary: The government must provide compensation for the taking of any private land.


Somers USA, LLC v. State of Wisconsin Dept. of Transportation, 864 N.W.2d 114 (Wis. App. 2015).


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Facts: Somers USA, LLC, (Somers) purchased...

12/03/2015 - 2:37pm

Summary: Illinois land trusts are a vehicle for property ownership where the beneficiary retains control, and are not “third party” entities for purposes of the “fraudulent transfer to third parties” exceptions to bankruptcy discharge.

FirstMerit Bank, N.A. v. Soltys, 2015 IL App (1st)...

11/13/2015 - 4:47pm

Summary: Specific language in an agreement can be determinative of the parties’ intent for a covenant to run with the land, when the agreement lacks explicit language.

Williams v. Indiana Rail Rd. Co., 33 N.E.3d 1043 (Ind. App. 2015), reh'g denied.

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