Law Commons^™

Variable Rate Mortgages: Texas Savings &(And) Loan Associations Authorized To Offer Flexible Financing Alternatives., Scott R. Worthern

St. Mary's Law Journal

Abstract Forthcoming.

Introduction Symposium - Real Estate Finance - An Emphasis On Texas Law - Introduction., James H. Wallenstein

St. Mary's Law Journal

Abstract Forthcoming.

New Developments In Real Estate Financing Symposium - Real Estate Finance - An Emphasis On Texas Law., Jesse B. Heath Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Basics Of Real Estate Syndications Symposium - Real Estate Finance - An Emphasis On Texas Law., John C. Andrews

St. Mary's Law Journal

Abstract Forthcoming.

Foreign Investment In U.S. Real Estate Symposium - Real Estate Finance - An Emphasis On Texas Law., Stephen P. Jarchow

St. Mary's Law Journal

Abstract Forthcoming.

Coping With Texas Mechanics' Liens: A Lender's Guide To Priorities Symposium - Real Estate Finance - An Emphasis On Texas Law., Eldon L. Youngblood

St. Mary's Law Journal

Abstract Forthcoming.

Truth In Lending Simplification And Reform Act: Changes Affecting Disclosure Requirements In Home Mortgage Transactions., Susan C. Shank

St. Mary's Law Journal

Abstract Forthcoming.

Equity Participation Arrangements Between Institutional Lenders And Real Estate Developers Symposium - Real Estate Finance - An Emphasis On Texas Law., J. Cary Barton, Robert E. Morrison

St. Mary's Law Journal

Abstract Forthcoming.

Ulta And Non-Judicial Mortgage Foreclosure In Texas., Patricia E. Rant

St. Mary's Law Journal

Much of the current law governing secured land transactions remains closely akin to common law practices of feudal England. Consequently, certain aspects of the law in this area are provincial, anachronistic, and ill-suited to the needs of the modern borrower and lender. Even a cursory examination of Texas mortgage foreclosure law demonstrates certain shortcomings of the existing system. The Uniform Land Transactions Act (ULTA) professes to simplify, modernize, and unify state laws relating to real estate transactions. ULTA expects to accomplish these various purposes through uniformity in foreclosure proceedings. ULTA suggests several distinct advantages not currently available under Texas law. …

Washington's Zoning Vested Rights Doctrine, Fredrick D. Huebner

Washington Law Review

Part I of this comment reviews the judicial analysis underlying the Washington doctrine, and outlines the elements and scope of the vesting rule. Part II analyzes the Mercer decision and questions whether that decision promotes the purposes of the Washington doctrine in the PUD zoning context. This comment contends that the Mercer court's rule for vesting rights to develop land on the basis of incomplete building permit applications fails to consider important public policy interests. In conclusion, Part III proposes a modified vesting rule that addresses the problems inherent in the Mercer decision.

Property—Future Interest—Partition By Remaindermen Allowed, Jo Carol Jones Gill

University of Arkansas at Little Rock Law Review

No abstract provided.

Property—Real Covenants—Homeowners' Associations: A Lease Will Not Convey Rights In Common Properties, Virginia R. Williams

University of Arkansas at Little Rock Law Review

No abstract provided.

Property As A Constitutional Right, Frank I. Michelman

Washington and Lee Law Review

No abstract provided.

Constitutional Law - Equal Protection - Arkansas' Gender-Based Statutes On Dower, Election, Statutory Allowances, And Homestead Are Unconstitutional, Mary Jane Pruniski

University of Arkansas at Little Rock Law Review

No abstract provided.

Selected Problems In Wrap-Around Financing: Suggested Approaches To Due-On-Sale Clauses And Purchaser's Depreciable Basis, Sanford M. Guerin

University of Michigan Journal of Law Reform

This article will address two unresolved issues surrounding the WA transaction which result from the inherent flexibility available for negotiating financing terms in the absence of an institutional lender. Part I discusses the circumstances warranting exclusion of the WA loan from the purchaser's depreciable basis. Part II addresses whether, and when, a due-on-sale clause in the senior mortgage should negate the possibility of utilizing WA financing.

Third Party Standing For Property Tax Assessments: Tug Valley Recovery Center, Inc. V. Mingo Cty. Comm'n, Kenneth P. Simons Ii

West Virginia Law Review

No abstract provided.

Xi. Property

Washington and Lee Law Review

No abstract provided.

In Search Of Price And Service Competition In Residential Real Estate Brokerage: Breaking The Cartel, William C. Erxleben

Washington Law Review

This article explores opportunities for price and service competition in residential real estate brokerage. It is designed to give an overview of both the problem and some promising solutions. The article details the home purchase transaction, reviews the market structure of the industry, identifies the trade restraints inhibiting competition, and prescribes comprehensive antitrust remedies to induce greater competition.

Kaiser Aetna V. United States, 444 U.S. 164 (1979), Janice Kelly

Florida State University Law Review

Waters and Waterways-PUBLIC USE-THE EFFECT OF PROPERTY LAW AS A LIMITATION ON FEDERAL NAVIGATIONAL SERVITUDE

After House Bill 920: An Analysis Of Needed Real Property Tax Reform, Robert P. Rink

Cleveland State Law Review

This Note will analyze the current state of real property tax law in Ohio and its relationship to H.B. 920. The tax reform provision of H.B. 920 will be separately analyzed from both the historical perspective surrounding its passage and the technical perspective of its mathematical calculations. A further analysis of the relationship between taxation by uniform rule under Article XII, § 2 of the Ohio Constitution will be undertaken. The conclusion will focus on a constitutionally valid solution to the problem of property tax reform while, at the same time, noting several essential and unusual questions.

Challenging Rezoning In Virginia, William F. Neely

University of Richmond Law Review

Zoning is an intrusion into our everyday lives, regulating a right basic to most Americans-the free use of their land. As municipalities increase their use of the zoning mechanism, more landowners will find the use of their lands restricted and in turn will seek legal counsel in order to challenge the restrictions. Presently, when faced with a rezoning question, a practitioner has to filter through the many treatises, articles and cases in an attempt to pull together Virginia law. It is the purpose of this comment to compile Virginia rezoning law in order to serve as a reference for the …

The Due-On-Sale Clause: A Marriage Gone Sour- A Checklist For The Practitioner, W. Wade Berryhill

University of Richmond Law Review

The problem begins simply enough. Soon moving to another city a homeowner negotiates and signs a contract for the sale of his present home. The contract provides that the purchasers are to assume the current mortgage with an interest rate of 91 %. The vendor and the purchasers notify the lender of the intended sale. Despite the fact that the proposed purchasers qualify as acceptable credit-risks, the lender informs the parties that the current mort- gage contains a "due-on-sale" clause and that he intends to accelerate the due date of the mortgage unless the purchasers agree to accept an increase …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. Aliens' Rights

Alien is Ineligible for Naturalization when He is Relieved from Military Service and Waives All Rights under Immigration and Naturalization Laws

Executive Orders Requiring United States Claims Against Iranian Assets to be Submitted to Binding Arbitration are Valid Exercise of Presidential Powers

Injury or Intent to Injure is not an Essential Element of the Crime of Assault on a Foreign Official or an Internationally Protected Person

2. European Economic Community

Community Law Authorizes a Member State of the European Economic Community to Prescribe Penalties for a Contravention of the Prohibition Against Fishing Without Authorization in …

Property–Lateral Support–Effect Of An Act Of God On Absolute Liability, Frances Shane Fendler

University of Arkansas at Little Rock Law Review

No abstract provided.

Conditional Zoning In Virginia, Frank O. Brown Jr., Susanne L. Shilling

University of Richmond Law Review

Zoning ordinances in the United States are of relatively recent origin. Local government planners were quick to recognize their usefulness as a means of land use control, and over the years zoning ordinances have been developed into many varied and complex forms. This article will focus on conditional zoning, one of the newest forms of zoning, as it exists today in Virginia. Some background on zoning in general, however, will be useful to achieve a proper understanding of conditional zoning.

Implied Warranties In Ohio Home Sales, Susan B. Brooks

Cleveland State Law Review

The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.

Aba Real Property, Probate And Trust Law Section, Title Insurance And You; B. Schick & I. Plotkin, Torrens In The United States, Christine Godsil Cooper

Loyola University Chicago Law Journal

No abstract provided.

Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp

Fordham Urban Law Journal

This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. However, some courts have interpreted this section to confer upon …

Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp

Fordham Urban Law Journal

This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. However, some courts have interpreted this section to confer upon …

Retaliatory Eviction And Periodic Tenants In Washington, Phillip Raymond

Seattle University Law Review

This comment evaluates the availability of the retaliatory eviction defense to periodic tenants in Washington State in light of a recent appellate court decision, Stephanus v. Anderson, denying periodic tenants the defense where the statutorily required twenty day termination notice is provided. An analysis of the basic policies underlying the Act, to ensure safe, sanitary housing conditions and to prohibit landlords' retaliatory actions against tenants exercising their rights to attain decent housing conditions, indicates periodic tenants be allowed to assert the retaliatory eviction defense. Additionally, the language of the retaliatory action provision of the statute supports an interpretation granting …