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The Non-Uniform Commercial Code: The Creeping, Problematic Application Of Article 9 To Determine Outcomes In Foreclosure Cases, Morgan L. Weinstein
The Non-Uniform Commercial Code: The Creeping, Problematic Application Of Article 9 To Determine Outcomes In Foreclosure Cases, Morgan L. Weinstein
The University of New Hampshire Law Review
[Excerpt] “This article will discuss the operation of two portions of the Uniform Commercial Code (“U.C.C.”) on mortgage foreclosure law. Article 3 of the U.C.C. governs negotiable instruments, whereas Article 9 governs secured transactions. For decades, courts have utilized Article 3 to determine the rights of lenders and their assigns to enforce mortgage promissory notes and to foreclose mortgages thereon. However, certain jurisdictions do not utilize the U.C.C. in foreclosure cases, whereas other jurisdictions have recently begun to look to Article 9 instead. This article argues that the Uniform Commercial Code should receive more uniform application, with Article 3 as …
Perceived Risks Of Emfs And Landowner Compensation, Linda J. Orel
Perceived Risks Of Emfs And Landowner Compensation, Linda J. Orel
RISK: Health, Safety & Environment (1990-2002)
Although public concerns about EMFs may eventually prove groundless, they can nevertheless depress the market value of residential property near powerlines. Ms. Orel argues that the scientific truth, as courts increasingly recognize, should play no role in determining whether or how much landowners should recover.