June 2008 | Volume 1 · Number 1

Certain items are password protected for active ATG members only. If you are an active member and need your ID and password access, please contact Suzy Auteberry, 217.403.0130. Not an ATG member? Apply today!

3-26-2019 EDITOR'S NOTE: Some links have been removed because the content is no longer applicable.

Welcome to the first issue of The Trusted Adviser!

We are excited to introduce the new generation of ATG communication. This electronic newsletter is part of our strategy for improving communication with members and friends.

You will receive these e-mails from ATG each month:

  • The Trusted Adviser | Monthly articles, casenotes, legislative updates, announcements and more from ATG and its subsidiaries; then
  • ATG Casenotes and Underwriters' Bulletin | Monthly supplement to the casenotes and underwriting tips found in The Trusted Adviser; and finally
  • ATG Legal Education Update | Weekly listing of upcoming CLE seminars.

These e-mail broadcasts will replace our print and fax publications: the ATG concept, ATG Member's Update, ATG Member News Wisconsin, Underwriters' Bulletin, and ATG ScoopCast. To keep you informed of procedural changes, events, seminars, and other opportunities, we will adjust the schedule above as needed. E-mail us to let us know what you think! We value your input.

Update from the CEO

Peter J. Birnbaum photoDear Fellow Lawyers and Friends of ATG,

ATG and the title industry are faced with many important issues, from the continuing challenges in the housing market in our own neighborhoods, to RESPA Reform at the Federal level. Read my complete Update.

Peter J. Birnbaum
ATG President and Chief Executive Officer

ATTORNEYS | Practice Notes


Subrogation: Promoting Fairness in Mortgage Prioritization - To explain how subrogation affects mortgage prioritization in Illinois, it is necessary first to briefly discuss Illinois' law of mortgages. In Illinois, a mortgage must be recorded to provide constructive notice to prospective lenders... read more


Mortgage Foreclosure

Financial Freedom v Kirgis | The two-year statute of limitations period did not preclude or time bar mortgagee's independent in rem mortgage foreclosure claim... read more

Household Bank v Lewis | High bidder at mortgage foreclosure sale does not have title to real estate until the sale is confirmed by the court... read more

Tax Deeds

Dempsey v Auditor of Marion County, et al | Tax deed petition by county auditor violated automatic stay in bankruptcy... read more


Anderson v Quinn | Doctrine of merger did not extinguish easements created through declaration of condominium ownership where owners of dominant and servient estates were the same... read more


The Second Top Ten Things They Did Not Teach Me in Law School - In a recent article, I covered some things about the practice of law that I learned through experience. The article was fairly well received, despite the editor's prefacing it with a suggestion that I might be a little "rough." Anyway, here is some more "roughness."... read more

ATG AGENTS | Underwriters' Bulletin

This section provides updated procedural and underwriting information. If you keep hardcopies of our Member Handbooks in your office, print this information for insertion.


Title Derived through Court Orders - When a search reveals that the current owner obtained title to property through a chain of title containing a sheriff's deed, tax deed, trustee's deed in bankruptcy, or through some other type of court order, you must follow certain underwriting guidelines... read more


Search Standards - The following chart contains brief information about ATG's search standards for conveyances and judgment and lien searches that you can copy and take with you when conducting searches, or provide to your search provider... read more


Commercial Title Services - ATG's experienced Commercial Title Services Department staff will guide you through your commercial real estate transactions from contract to closing... read more


Mortgage Payoff - Use ATG Form 4137: Payoff Letter Request, available in ATG REsource and on the On-line ATG Forms section of our website, to request payoff of existing mortgages. Contact our Underwriting Department with questions on this or any ATG form.

Real Property Transfer Tax - The City of Chicago provides an interactive version of this form. Fill in the blank fields and print the completed form for submission. Find links to this and other useful on-line forms on the Real Estate-Related Forms section of our website.

WHAT'S NEW | CLE and Trust Services

ATG Legal Education logo

6/11: Real Estate Fundamentals: Title Insurance Claims

6/17: Navigating a Real Estate Transaction: A Seminar for New Lawyers

6/24: Business Entities and Series LLCs

CLE in Your Office - Attend OnLine programs via ATG Legal Ed OnDemand and ATG Legal Ed Connect, plus OnSite programs in Illinois and Wisconsin. See our Quick List of programs. Learn more...

ATG Trust Company logoLand Trust Services Land trusts make important benefits available to every owner of real estate, whether it's residential, commercial, or investment property. Offer your clients the advantages of holding title in a land trust through ATG Trust. Learn more ...

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Attorneys' Title Guaranty Fund, Inc. (ATG) and subsidiaries provide services for member attorneys and their real estate clients. ATG also works with lenders, Realtors, and other parties to ensure that each real estate transaction is completed in a professional and hassle-free manner. Contact us today! 800.252.0402.