The Trusted Adviser

July - August 2012 | Volume 5 - Number 5

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Update from ATG Administration

John O'Brien Joins ATG as Vice President – Counsel to President

Peter Birnbaum photoJohn G. O’Brien, one of the most recognized and beloved attorneys in Illinois, has joined ATG as Vice President – Counsel to President. O’Brien resigned from the ATG Board of Directors at its June meeting and began his new responsibilities on July 16, 2012. Chicago attorney Jonathan Sherry was appointed to fill his vacancy on the ATG board.

John O'Brien photoI couldn’t be more pleased about John O’Brien joining our executive staff. This is an exciting new chapter for John and for ATG. No lawyer, since the days of Stan Balbach, has had a more important impact on the practicing real estate lawyer. Through his founding and chairing of IRELA and his presidency of the ISBA, he has built valuable relationships with law firms throughout the state. We believe that John can use those skills to bring significant value to ATG, not only from a marketing standpoint but also through the advocacy we provide lawyers on a daily basis. Read more...

ALSO: Read about other promotions at ATG.

Peter J. Birnbaum
ATG President and CEO

ATG MEMBERS | Underwriters' Bulletin

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

Claims Corner

The Insured Must Provide a Proof of Loss for a Claim — Submitting proof of loss does not mean that the title company will pay that amount for the claim. Read more...

Call to Action

CFPB Releases Closing Disclosure Form – Review/Submit Comments by 11.6.12 — Possible options within the Proposed Rule pose a serious threat to the way we do business. Read more...

ATTORNEYS | Practice Notes

Real Estate and Title Insurance News

CPLs and Bifurcated Transactions — To reduce confusion in these situations, read this explanation and tips on handling CPLs in a few common scenarios. Read more...



RESPA: Freeman et al v Quicken Loans Inc — The Real Estate Settlement Procedures Act (RESPA) Section 2607 seeks to prohibit kickbacks and unearned fees, but the statute will not provide a remedy where a single settlement provider retains, in its entirety, an unearned fee for services not rendered. Read more...


Easements: Hahn v County of Kane — When construing the scope of easements, the term “assign” follows its legal definition, which is a transfer of all identifiable rights from assignor to assignee. Read more...


Adverse Possession; Subdivisions: Altevogt v Brand — A plat that provides easements for “use by owners and their guests,” does not dedicate those easements to the public, but creates a private easement co-owned by all owners in the subdivision. Read more...


Closings; Title Insurance: Olson v Zurich American Ins Co — It does not contravene public policy to hold a title insurance agency liable for negligence based upon the actions of its agent. Read more...

IN THE NEWS | Promotions within ATG

ATG President Peter Birnbaum Announces Staff Promotions - Please join me in congratulating Sarah Boeckman, Jessica Bunner, Dave Galise, Donna Kogut, Linda Robertson, Christine Sparks, Tania Stori, Laura Wittrock, and Kathy Xie on their recent promotions. Read more...

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

ATG logoPlan 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!

ATG Legal Education logoCOMING SOON: Our Fall 2012 Schedule Meanwhile, we have more than 40 OnDemand seminars available now. See ATG Legal Education at for our current program catalog. You must be a registered site user to take our programs.

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.

NOT A MEMBER YET? Learn about the benefits to you and your clients.

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!

Auctions by ATG logoAuctions by ATG - Your REO Resource Your REO Resource - Auctions by ATG provides opportunities for clients on both sides of the transaction: Lenders and Servicers get a faster, more cost-effective platform to dispose of non-performing assets; Investors and Homebuyers get an exciting opportunity to purchase residential real estate at attractive prices. See current available properties.

Join Our Email List to receive notices and updates on our auctions. You can bid in person or online. If you have questions, contact Operations Manager Mary Fran Gill, 312.752.1160.

[Last update: 8-13-12]