Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Joint Tenancy: Notice Of Severance; Mortgages And Survivorship, Taylor Mattis
Joint Tenancy: Notice Of Severance; Mortgages And Survivorship, Taylor Mattis
Northern Illinois University Law Review
This article calls for legislation to address two joint tenancy problems. First, either joint tenant may sever inter vivos and destroy the right of survivorship, without the knowledge of the other. Notice should be required to effectuate a voluntary, unilateral severance, so that survivors will not be surprised. Second, the interest of one joint tenant is not mortgageable as a practical matter, because the lien does not survive the mortgaging joint tenant. To prevent otherwise unnecessary severance to achieve mortgageability, legislation should provide for the survival of the lien if notice is given to the non-mortgaging joint tenant.
The Impact Of The 1986 Superfund Amendments And Reauthorization Act On The Commercial Lending Industry: A Critical Assessment, Steven B. Bass
The Impact Of The 1986 Superfund Amendments And Reauthorization Act On The Commercial Lending Industry: A Critical Assessment, Steven B. Bass
University of Miami Law Review
No abstract provided.
Real Property, Joseph M. Grohman
Real Property, Joseph M. Grohman
Nova Law Review
There are numerous issues and legal principles that relate to those "bundle of rights" associated with owning, using, and/or occupying real property.
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Articles
In passing Chapter 12 of the Bankruptcy Reform Act, Congress has effectively invalidated certain important provisions of existing farm mortgages. Equally significant, Congress has disabled farmers from granting binding mortgages on the full, value of their property. Although no court is likely to find the Chapter to violate the fifth amendment, the Chapter constitutes a substantial and retroactive alteration of the rights of existing mortgagees and a restriction on the powers of prospective mortgagors to grant valid mortgages. The thesis of this paper is that Congress was both wrong and shortsighted in its enactment of Chapter 12. Congress was wrong …