December 2009 | Volume 2 • Number 10
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Update from ATG Administration
ISBA Opinion 10-02: The End of Marginalization is the Pathway to Emancipation
The title of this article is certainly lofty. No, I have not listened to too many Deepak Chopra CDs. But, I do need to speak from the heart and tell you about a concern I have had for many years. And to tell you why I believe ISBA Opinion 10-02 is the first step toward allowing lawyers to practice real estate law in a more rational, fulfilling, and profitable manner.
First, the concern:
I would like to think that I have genuine empathy for the practicing lawyer. While it is true that I have spent literally my entire career in the relatively secure environment of a successful corporation, I nevertheless recognize and appreciate that ATG members own the company and that I work for the members... read more
Peter J. Birnbaum
President and CEO



Good News — Informed Bifurcation Rule Gets Unanimous Vote!
Letter Campaign Makes a Difference
We are pleased to report that the Informed Bifurcation Rule passed the Joint Committee on Administrative Rules (JCAR) by a unanimous vote. This is an important victory for Illinois consumers and your support made all the difference.

Within minutes of our e-mail request that you write members of JCAR to support the Informed Bifurcation Rule, letters came pouring in from all over the state and they continued for days. Our message was heard. Despite vigorous opposition from members of the Illinois Land Title Association and commercial title insurance companies, the rule passed unanimously, preserving for consumers the ability to continue to shop for title insurance and settlement services.

Once again, the ATG membership has proven that it is a formidable force in Springfield and a powerful and effective lobby for the rights of consumers throughout the state. We thank you for your support.



ATTORNEYS | Practice Notes
ISBA Advisory Opinion on Professional Conduct No. 10-02 - A new Illinois State Bar Association (ISBA) ethics opinion addresses the question about whether attorneys should agree to always choose a real estate company's captive title insurance company to provide the title insurance policies for the transaction in order to continue to obtain referrals from the company... read more
Mechanic's Liens
Weather-Tite, Inc v University of St Francis | Paying general contractors in expectation that they will pay subcontractors does not protect an owner from a mechanics liens should the subcontractor not get paid... read more
Restrictive Covenants
Highland Springs South Homeowners Assn, Inc v Reinstatler | Private restrictive covenants have a strong presumption of validity; zoning board actions cannot violate reasonable restrictive covenants... read more
Grygiel v Monches Fish and Game Club, Inc | Where he places no additional burden on the servient estate, an easement holder may use it to access the dominant estate and, from there, may access neighboring land... read more



ATG MEMBERS | Underwriters' Bulletin
This section for ATG members only provides updated procedural and underwriting information. If you keep hard copies of our Member Handbooks in your office, print this information for insertion.

Login at first to view links.

E-mail your questions to Christine Sparks.
Liens: Homeowner's Association Liens | ATG has had claims over the years for unpaid homeowner's assessments. These claims typically arise because no paid assessment letter was obtained from the homeowner's association and the commitment contained an exception for assessments, which was waived. As the number of foreclosures has increased, there has been an increase in the number of properties that are owned by lenders... read more (login first!)
New HUD-1 Training Seminars: FREE for ATG Members/Staff
In less than a month, the new HUD-1 goes
into effect and closing procedures will change.
Make sure you're ready... read more
AND don't forget, the FREE Claims Prevention seminar offer expires at the end of the month!



IN THE NEWS | HUD Enforcement of New RESPA, Birnbaum on ALTA Board of Governors, ATG Donations
HUD Restraint in New RESPA Enforcement
The U.S. Department of Housing and Urban Development (HUD) announced that for the first four months of 2010, the staff of the Mortgagee Review Board (MRB) will exercise restraint in enforcing new regulatory requirements under the Real Estate Settlement Procedures Act (RESPA), due to take full effect on January 1... read more
ATG President Peter Birnbaum Elected to ALTA Board of Governors
Peter J. Birnbaum was elected to the 2009-2010 Board of Governors of the American Land Title Association (the official trade group of the title industry) at the association's annual convention in October 2009, only the second bar-related title company executive to serve on ALTA's board during its 85-year history... read more
ATG Gives Generously to Local Organizations
ATG and its members have tried to make a difference during 2009. In addition to our efforts throughout the year, we have donated to the following housing-related organizations whose missions, while varied, align with our core beliefs... read more



WHAT'S NEW | Member Services, CLE, Trust Services
ATG logo Plan for New Business - With a small investment of time, we'll help you examine your existing business relationships, leverage those contacts into new firm business with a marketing action plan, and teach you networking strategies. We'll set realistic goals and show you how to evaluate returns against efforts. Contact Member Services Representative Bob Dillow today!


New HUD-1 Training Seminars

ATG members/staff only:

2010 Closing Procedures: Understanding the New HUD-1 and GFE | 1/13: OnLine

2010 Closing Procedures: Understanding the GFE, HUD-1, Good Funds, EZ Dec, and Attorney Disclosure | 1/20: OnLine

Seating is limited — REGISTER NOW! NOTE: You must login as a member to register... get your login info.

COMING SOON: 2010 SEMINARS! | Current Calendar
ATG Trust logo Structured Installment Sales - Through structured sales, your clients can liquidate their appreciated assets and create an income stream without having to recognize the entire taxable gain in the year of the sale. You can offer this profitable service through ATG Trust... read more



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[Last update: 12-17-09]