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Articles 1 - 30 of 80
Full-Text Articles in Entire DC Network
Investigating Appraisal Discrimination, Carol Brown
Investigating Appraisal Discrimination, Carol Brown
Law Faculty Publications
Over the past five years, the question of whether real estate appraisers systematically undervalue homes purchased or occupied by Black and Hispanic households has emerged as a significant civil rights issue. Major media have highlighted some instances where the same home received a dramatically higher appraisal when the appraiser believed the client was white rather than Black. Some social scientists have argued that appraisal discrimination is the root cause of the lower housing prices that prevail in many urban minority neighborhoods— and thus an important source of the racial “wealth gap.” Candidate Biden expressed strong concern about the issue during …
Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola
Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola
St. John's Law Review
(Excerpt)
On September 5, 2018, Paul Saunders discovered a notice on the front door of his mother’s home: it stated that the property, a Brooklyn brownstone owned by the family for over forty years, now belonged to a company called Bridge Street. His mother, seventy-four-year-old retired nurse Marlene Saunders, had been notified several months earlier that her home, valued at two million dollars, was in danger of being foreclosed because she owed New York City (the “City”) $3,792 in unpaid water charges. Her son had already paid the water bill, but when he contacted the water department, he discovered that …
Property Laws, White Settler Power And The Kingdom Of Hawai’I, Martin Rakowszczyk
Property Laws, White Settler Power And The Kingdom Of Hawai’I, Martin Rakowszczyk
Swarthmore Undergraduate History Journal
Hawai’ian property laws in the 19th century, while intended to provide for the transition of the islands to a European mode of commerce and allow for greater prosperity, weakened the power of Native Hawai`ian subjects and ultimately contributed to European planter power and the eventual annexation of the islands. Prior to European contact, land in the Kingdom of Hawai`i was communally owned and not treated as a tradable commodity. However, forced to settle foreign debts, the Hawai’ian government instituted land reform intended to raise money and maintain Hawai’ian sovereignty. Given the constant threat of annexation by Western powers and …
How The Subprime Mortgage Crisis Sparked New Legislation And Changed The Way Millennials Purchase Real Estate, Troy T. Kramer
How The Subprime Mortgage Crisis Sparked New Legislation And Changed The Way Millennials Purchase Real Estate, Troy T. Kramer
The Journal of Business, Entrepreneurship & the Law
This article will explore the Generation Y's approach to the real estate market and analyze how the Subprime Mortgage Crisis stunted Millennials’ economic development. It also analyzes what ways legislation has changed and government has influenced the economy since 2008 to prevent another free fall of the global economy and to protect consumers from predatory lending practices and under-regulation of the financial sector. Further, this article will analyze how Millennials differ from previous generations in their method of purchasing homes and investing in real estate—with a specific eye towards advances in technology. This article also gives advice to first-time homebuyers …
Peeking Into The House Of Cards: Money Laundering, Luxury Real Estate, And The Necessity Of Data Verification For The Corporate Transparency Act’S Beneficial Ownership Registry, S. Alexandra Bieler
Peeking Into The House Of Cards: Money Laundering, Luxury Real Estate, And The Necessity Of Data Verification For The Corporate Transparency Act’S Beneficial Ownership Registry, S. Alexandra Bieler
Fordham Journal of Corporate & Financial Law
It is estimated that $800 billion to $2 trillion are laundered globally every year, funding the schemes of bad actors and terrorists alike. These astronomical sums are moved around the world without detection; this is in large part due to the ease with which anonymous shell companies, typically limited liability companies (LLCs), can be created, particularly in the United States. America is one of the most egregious enablers of this practice because most states require little to no information about the person ultimately controlling the entity, known as the “beneficial owner.” Working through an LLC, bad actors often turn to …
A Property Law Reader: Cases, Questions, And Commentary, 5th Ed., Preface And Table Of Contents, Douglas C. Harris, Jeremy De Beer, Tenille E. Brown, Patricia L. Farnese
A Property Law Reader: Cases, Questions, And Commentary, 5th Ed., Preface And Table Of Contents, Douglas C. Harris, Jeremy De Beer, Tenille E. Brown, Patricia L. Farnese
All Faculty Publications
Nobody has been more influential over the past generation in the teaching of property law in Canada than Bruce Ziff. His Principles of Property Law is the foundational textbook on the subject. A Property Law Reader: Cases, Questions, and Commentary, which he first published as a sole author in 2004, has become, over three subsequent editions, the most widely used teaching material for property law in the country. Bruce retired from teaching property law in 2019. His retirement left major holes not only at the University of Alberta, where he taught for decades, but also throughout Canada in terms of …
Buyer Beware: Who Is Paying The Home Buyer’S Real Estate Agent?, Melissa Stewart
Buyer Beware: Who Is Paying The Home Buyer’S Real Estate Agent?, Melissa Stewart
University of Miami Business Law Review
Within the past few years, unprecedented class action lawsuits have been filed against the National Association of Realtors (“NAR”) and major real estate brokerage firms that could have multibillion-dollar implications to homeowners across the United States. One lawsuit claims that NAR rules requiring home sellers’ brokers (“seller-broker”) to offer home buyers’ brokers’ (“buyer-broker”) compensation when listing a property on a local database of properties for sale called the Multiple Listing Service (“MLS”) have driven up costs to the seller and discouraged competition, violating the Sherman Antitrust Act. This commission structure has been upheld in the courts before, but the real …
Property Of Real Estate Compulsory Selling As Per Omani Civil & Commercial Law Of Procedure, Ali Hadi Alobeidi
Property Of Real Estate Compulsory Selling As Per Omani Civil & Commercial Law Of Procedure, Ali Hadi Alobeidi
UAEU Law Journal
The compulsory selling of property of real estate is carried out by the juridical courts of law when the creditor is holding an executive deed asking for confiscation of the property of debtor on public auction for the purpose of returning his right on the value of the property. This issue is featured with two characteristics providing it with special significance: the first is its varied provisions and rules(subjective and procedural), and the second is linking of the selling procedure and its complexity due to the social and economic significance of the property. In the addition to the privacy of …
A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley
A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley
Jill M. Fraley
In the traditional account, American courts transformed the law of waste, radically diverging from the British courts around the time of the American Revolution. Some of the most influential theorists of American legal history have used this account as evidence that American law is driven by economics. Due to its adoption by influential scholars, this traditional account of waste law has shaped not only our understanding of property law, but also how we view the process of transforming law.
That traditional account, however, came not from a history of the doctrine, but from an elaboration of the benefits of the …
The Promised Land Is On The Horizon: The Fix Crowdfunding Act Will Implement Small Changes That Could Make A Big Impact On Investors And Businesses Alike, Michaela Smith
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Implementing A Portable Reciprocity Passport To Crowdfund Real Estate Across Borders, Raymond Tran
Implementing A Portable Reciprocity Passport To Crowdfund Real Estate Across Borders, Raymond Tran
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn
Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn
Georgia State University Law Review
The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 Chapter 2 …
Palm Papers, Nicole Rothwell
Palm Papers, Nicole Rothwell
Capstones
The Organized Crime and Corruption Reporting Project (OCCRP) came into possession of a secret dataset of property owners of the Palm Islands, the elite high-end artificial islands on the coast of Dubai.
With over 250 neighborhoods on Dubai’s waterfront, a group of journalists around the world has been investigating who these individuals are that can afford the posh and pricey real estate. While most fall into the uber-rich category, some also have corrupt to criminal backgrounds leading to questions such as if the Palm Islands are truly a real-estate paradise, or instead a refuge for the corrupt.
The task for …
Shirley We Can Figure This Out: The Continued Confusion Surrounding Prescriptive Easement, Ethan B. Clark
Shirley We Can Figure This Out: The Continued Confusion Surrounding Prescriptive Easement, Ethan B. Clark
South Carolina Law Review
No abstract provided.
Foreclosure Diversion And Mediation In The States, Alan M. White
Foreclosure Diversion And Mediation In The States, Alan M. White
Georgia State University Law Review
The recent mortgage foreclosure crisis, whose economic effects are well known, transformed state legal structures governing the mortgage foreclosure process. What had been a relatively routine system of default judgments and auction sales has evolved into a negotiation and workout practice in which homeowners contest foreclosures, demand loan modifications and short sales, and propose other alternatives to foreclosures.
A profusion of state laws and court orders were adopted between 2008 and 2014 with the aim of promoting negotiated foreclosure alternatives. These laws have produced a variety of experiments in the “laboratories of democracy.” The defaults—whether home loans are renegotiated, defaults …
A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley
A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley
Marquette Law Review
In the traditional account, American courts transformed the law of waste, radically diverging from the British courts around the time of the American Revolution. Some of the most influential theorists of American legal history have used this account as evidence that American law is driven by economics. Due to its adoption by influential scholars, this traditional account of waste law has shaped not only our understanding of property law, but also how we view the process of transforming law.
That traditional account, however, came not from a history of the doctrine, but from an elaboration of the benefits of the …
Real Estate Investment Trusts In Canada, Samita Pachai
Real Estate Investment Trusts In Canada, Samita Pachai
Electronic Thesis and Dissertation Repository
The Canadian real estate investment trust (REIT) industry began in the early 1990s and, over the past twenty years, the legislative landscape governing REITs has changed dramatically. This dissertation examines how REIT legislation has progressed in Canada and the effects it has had on the industry as a whole. After examining the basic characteristics of a REIT, an overview of the legislative evolution is presented. This thesis argues that recent legislation has been successful in allowing REITs to flourish, with 48 public equity REITs now trading in Canada comprising a market capitalization of over CAD 50 billion. A thorough examination …
The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor
The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor
Touro Law Review
No abstract provided.
What Do You Do When The Contract Goes Breach; What Happens To The Buyer's Deposit On Cancellation, B. Casey Yim Esq.
What Do You Do When The Contract Goes Breach; What Happens To The Buyer's Deposit On Cancellation, B. Casey Yim Esq.
B. Casey Yim Esq.
Many Real Estate transactions are cancelled, either by the buyer or seller. Sometimes the cancellation is due to a "breach" of the Real Estate Contract by seller or buyer. The next issue is what happens to the Buyer's "earnest money deposit"? The stated answer is in the contract itself, however, the wording of the language used may create more trouble than they are worth. This article describes the rights and liabilities of the parties to recover the deposit.
Mortgage Foreclosure Proceedings: Where We Have Been And Where We Need To Go, Bryan E. Meek
Mortgage Foreclosure Proceedings: Where We Have Been And Where We Need To Go, Bryan E. Meek
Akron Law Review
The primary purpose for this comment is to provide an overview of the foreclosure process while introducing the laws and regulations that would govern an “ideal” foreclosure system. First, it provides a general introduction to the mortgage/foreclosure process. This introduction is crucial; it will help many to understand the way financial institutions have complicated the foreclosure process. Next, it analyzes various states, labeling them as either having “strict” foreclosure laws and regulations or having “lenient” foreclosure laws and regulations. Lastly, this comment discusses the pros and cons of various foreclosure requirements. The ultimate goal of this comment is to establish …
Mortgage Foreclosure In Buckhead, Terika L. Haynes
Mortgage Foreclosure In Buckhead, Terika L. Haynes
Terika L Haynes
The purpose of the quantitative ex post facto study was to determine whether a relationship exists between home occupancy type, purchase price, residency duration, and the incidence of mortgage foreclosure of homeowners residing in single-family residential homes in the eight zip codes (30305, 30309, 30318, 30319, 30324, 30326, 30327, and 30342) within the Buckhead community, a high-income community located in Atlanta, Georgia. The possible relationships were explored and evaluated by conducting an archival analysis to examine the Georgia Public Notice Statewide Database of public foreclosure records, Fulton County Property Assessor records, and Fulton County tax data for 2009. The occupancy …
Nevada's Residential Real Estate Crisis: Local Governments And The Use Of Eminent Domain To Condemn Mortgage Notes, Ngai Pindell
Nevada's Residential Real Estate Crisis: Local Governments And The Use Of Eminent Domain To Condemn Mortgage Notes, Ngai Pindell
Nevada Law Journal
No abstract provided.
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
Robert T. Palmer, PhD
No abstract provided.
Back From The Abyss: Real Estate Tax Planning From The Bottom Up (Slides), Steven M. Friedman
Back From The Abyss: Real Estate Tax Planning From The Bottom Up (Slides), Steven M. Friedman
William & Mary Annual Tax Conference
No abstract provided.
Current Issues And Developments Involving Sales Or Exchanges Of Real Estate: The Impact Of Tax Reform 1986 On Real Estate Investments And Activities, Robert G. Gottlieb
Current Issues And Developments Involving Sales Or Exchanges Of Real Estate: The Impact Of Tax Reform 1986 On Real Estate Investments And Activities, Robert G. Gottlieb
Robert Gottlieb
No abstract provided.
Ua5/1 University Attorney - Property File, Wku Archives
Ua5/1 University Attorney - Property File, Wku Archives
WKU Archives Collection Inventories
Unprocessed property files created by the University Attorney. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.
Teaching Old Dogs New Tricks - Emerging Tax Issues For Distressed Real Estate Assets And Partnerships (Slides), Michael G. Frankel, David A. Miller
Teaching Old Dogs New Tricks - Emerging Tax Issues For Distressed Real Estate Assets And Partnerships (Slides), Michael G. Frankel, David A. Miller
William & Mary Annual Tax Conference
No abstract provided.
Teaching Old Dogs New Tricks - Emerging Tax Issues For Distressed Real Estate Assets And Partnerships, Michael G. Frankel, David A. Miller
Teaching Old Dogs New Tricks - Emerging Tax Issues For Distressed Real Estate Assets And Partnerships, Michael G. Frankel, David A. Miller
William & Mary Annual Tax Conference
No abstract provided.
Tax Issues In Real Estate Workouts, Peter J. Genz
Tax Issues In Real Estate Workouts, Peter J. Genz
William & Mary Annual Tax Conference
No abstract provided.
Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton
Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton
William & Mary Annual Tax Conference
No abstract provided.