EASEMENT/ATTORNEY FEES: No error in sua sponte ordering easement claimants to survey metes & bounds in 1987 easement grant to clarify location of easement in relation to post-judgment dispute, but error to not clarify the 2016 judgment and easement on motion for clarification in accordance with law of the case established in first appeal and error to rescind 2016 fee award because 1987 easement and related 2016 judgment determined to be “useless” and deny fees incurred in defending 2016 judgment in first appeal as “necessary & proper” declaratory relief… no fees for this appeal of motion to enforce declaratory judgment… Cybulski affirmed, reversed. [Read more…]
Title insurance, extinguishment of easement
TITLE INSURANCE: Extinguishment of easement is not a “defect in or lien or encumbrance on the title” for which insurer may be liable… summary judgments granted on similar but different grounds for procurer and insurer… Ortley. [Read more…]
Debt collection, IRS Form 1099-C
DEBT COLLECTION: IRS 1099-C is not prima facie evidence of intent to discharge a debt, summary judgment for bank on collection claim proper… non-lawyer may not appear for corporation… Ulbricht affirmed. [Read more…]
Tax deed, homestead exemption, quiet title
TAX DEED: Homestead exemption not applicable to tax lien sales… claims of irregular assessment not timely or properly asserted… quiet title summary judgment properly entered without hearing… Allison affirmed. [Read more…]
Foreclosure, family trust loan v. gift
FORECLOSURE: Summary judgment for mortgagee family trust on claim of priority over bank trust deed precluded by disputes as to whether loan was not arms length and was treated as gift and concealed from bank, laches, equitable estoppel… Ortley. [Read more…]