The Trusted Adviser

December 2015 | Volume 8 - Number 10

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A Holiday Message

Reflecting on Gratitude and Celebration

Peter J. Birnbaum photo

The holiday season is, without a doubt, my favorite time of year. Having three kids who still believe in Santa. The "elf on a shelf" that appears in various parts the house each morning fuels their excitement for Christmas Day. In our home we celebrate both Chanukah and Christmas, so December is a month of celebration. At Chanukah each year, we write each other notes of gratitude. It gives us a chance to express to each other the things about that person that make us most grateful.

This is also a time for the ATG staff to express its gratitude to our members — your contribution makes ATG the premier lawyer service organization in the nation — and to all our customers, we are grateful for your support. Read more...

Peter J. Birnbaum
ATG President and Chief Executive Officer

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ATG Holiday Hours

  • Christmas Eve - All ATG offices close at noon
  • Christmas Day - All ATG offices closed
  • New Year's Eve - All ATG offices close at noon
  • New Year's - All ATG offices closed

NOTE: For Christmas Eve and New Year's Eve closings, the latest possible start-time is 11:00 a.m. We hope this advance notice allows you to arrange your schedule accordingly. Thank you, we appreciate your business!


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ATG MEMBERS | Underwriters' Bulletin

Hot Topic

URGENT - ALL ATG MEMBER AGENTS: TRID Update - CFPB Guidance on Title Premium Disclosure in Seller-Pay States — Over the past month we've seen the number of closings with the new Closing Disclosure Form (CDF) increase. Confusion in the marketplace is common, especially related to the disclosure of title premiums in seller-pay states. PLUS: TRID Tuesdays — Special CLE forums for you and your staff.

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ATTORNEYS | Practice Notes

Real Estate and Title Insurance News

Everything a (Senior) Lawyer Could Ever Want to Know about Extended Reporting Period (ERP) – a/k/a "Tail" Coverage — An attorney can only purchase or renew a malpractice insurance policy while actively engaged in the practice of law. This presents a problem if you're planning on going into retirement. That's where ERP or tail coverage comes into play.

Legislative Update

Homestead Exemption: Effective July 28, 2015 - Public Act 99-0164 — The Act amends the Property Tax Code to provide that when homestead property is sold or transferred in counties with three million or more inhabitants, the homestead exemption will remain in effect for the remainder of the assessment year of the sale.


Trusts: Estate of Mendelson v Mendelson — A deed into trust does not need to be recorded to vest title in the trust. A statement in an unrecorded trust agreement that the settlor/trustee was holding property as part of the trust was sufficient to bring the property into the trust.

Conditions, Covenants, and Restrictions: Williams v Indiana Rail Road Co — 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.

Mortgage Foreclosure: Bank of New York Mellon v Carson — Once a circuit court determines a property is abandoned, it has the authority to order a mortgagee to sell the property after the redemption period. The court must order the property be sold in a reasonable time.

IN THE NEWS | In Memoriam

James J. Elson - ATG Member, Director, and Friend; August 5, 1931 – November 9, 2015

WHAT'S NEW | Trust, CLE, and Process Services

ATG Trust Company logoTrust Client Brochure ATG Trust Company provides a brochure promoting its client services, including implementing estate plans, asset protection, and trust administration.

ATG TRUST MEMBERS: Use this excellent marketing tool to introduce ATG Trust Company to your clients. Contact us at or 312.338.7878 with your copy order or your questions.

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ATG Legal Education logoGet Started in the New ATG Legal Education We recently launched our new CLE platform. It is both robust and efficient and has many great features that we know will make managing your CLE much easier, including the ability to take recorded OnDemand programs with most mobile devices. You'll have your own account that keeps track of your hours and allows you to print your certificates once you complete the confirmation surveys (see details, including a five-minute video tutorial).

If you haven't set up your account yet, see Stage One: Creating Your Account.

Get the Last of Your CLE before the December 31 Deadline


Estate Planning in a Digital Era | DiMonte & Lizak, LLC attorneys Patrick Owens and Jonathan Morton discuss digital assets — THE hot topic in the estate planning arena.

Illinois Underwriting, Part 3 | Experienced ATG underwriters address the most common issues member agents and their employees ask about in underwriting calls and other inquiries (mechanics' liens, condominiums, and more).

Lender Vetting – A Guide for ATG Agents | An overview of Lenders' requirements of title companies in the vetting process.

Wisconsin Underwriting Manual, Part 2 | This two-part program series is designed to familiarize you with its content and how to use it when conducting your real estate transactions.

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ATG LegalServe logoFAST AND FLEXIBLE: The Process Server Responsive to Your Needs Get the finest process serving available to lawyers today. Learn what the LegalServe Difference can make in your practice and place your order today! Find us with Google Plus.

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[Last update: 12-15-15]