The Trusted Adviser

January 2014 | Volume 7 - Number 1

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Update from ATG Administration

Peter J. Birnbaum photo

ATG Pays it Forward in 2013, Feeling Strong for 2014

Corporate Year-End Giving

Against the backdrop of landmark changes to our industry (see "A Year-End Review of 2013," December 2013 ATG Trusted Adviser) ATG is poised to begin 2014 in a position of financial strength, our eye on the community, and a mood of celebration. ATG remains fully committed to providing you the support services you need to comply with ALTA Best Practices and the CFPB rule when implemented later this year. I assure you that these issues will remain in the forefront as we begin 2014 — but I also assure you that there are exciting, more lighthearted things on the horizon, too.

Later in 2014, we will celebrate a milestone that most companies never see: our 50th anniversary. We look forward to special events and promotions that honor our founders, our members, and our employees. In keeping with a 50-year tradition includes a culture of generosity and civic responsibility, take a look at some of the ways ATG and two of ATG's most valued members are reaching out to organizations in the community that help people in need. Read more...

ATG MEMBERS | Underwriters' Bulletin

This content is for members only. Consider joining — see Membership Benefits

Claims Corner

Tax Divisions — Protect your seller clients from having personal liability to the buyer by applying for a tax division when appropriate. Originally published in the December 2011 issue of ATG Casenotes and Underwriters' Bulletin.

Title Tips

Prior Title Policies — Whenever possible, a seller should provide a prior Owner's Policy of title insurance.

ATTORNEYS | Practice Notes

Legislative Update

Foreclosure: Public Act 98-0020 — Foreclosure fees.


Mortgage Foreclosure: U.S. Bank Nat. Ass'n v Luckett — Error in foreclosure sale purchaser's corporate name, which appeared in the caption of the forcible entry complaint and notice filed by purchaser, was a misnomer and thus correctable through motion to amend.

Construction; Mechanic's Liens: Von Tobel Corp. v Chi-Tec Constr. & Remodeling — Claimant’s name on mechanic’s pre-lien notice and the lien notice need not match identically; idem sonans is permitted. Notice will be sufficient if it substantially complies with the statute while considering three factors: (1) degree of non-compliance; (2) satisfaction of the underlying policy of the statutory provision; and (3) prejudice that may have resulted from non-compliance.

Adverse Possession: Allen v Woelfel Family Revocable Trust — Homeowner did not have a prescriptive easement on neighbor’s driveway because the neighbor had given the previous owner permission to use the driveway, so the use was not adverse.

WHAT'S NEW | Trust, CLE, Process, and Auction 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 logoFebruary Program Schedule

2-5-2014: Title Policy Forms Basics - An In-Depth Review (1.50 MCLE in IL; 1.50 CLE applied for in WI)

2-19-2014: Managing Guardianships (1.50 MCLE in IL; 1.50 CLE applied for in WI)

We also have more than 30 OnDemand recorded webcasts available 24/7, including Ethics/Professional Responsibility hours. See the full list on our website. You must be logged in to see all the programs you have access to.

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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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Auctions by ATG logoAuctions by ATG – Your Commercial and Residential Property Auction Resource Auctions by ATG provides professional and effective live and online real estate auction services. Sellers and buyers of all types of commercial and residential property benefit from our totally transparent auction process, superior online bidding service, and attractive pricing model. Our extensive targeted marketing often leads to pre-auction sales that close in 30 days or less.

Join Our Email List to receive Auction Property of the Week notices and updates on our auctions.

Visit our new website at for more details. If you have questions, contact Operations Manager Mary Fran Gill, 312.752.1160. Follow us on Facebook and Twitter.

[Last update: 2-3-14]