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Full-Text Articles in Law
Critical Developments In Housing Policy - Symposium Comments, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer
Critical Developments In Housing Policy - Symposium Comments, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer
Articles & Chapters
Professor Scherer's talk starts on page 245
Godzilla Lives! Or, Nonrecourse Carveouts Run Amok, Marshall E. Tracht
Godzilla Lives! Or, Nonrecourse Carveouts Run Amok, Marshall E. Tracht
Articles & Chapters
The author of this article discusses two recent cases which deal with unconditional liability on nonrecourse carveouts and spring-ing guaranties. One potential consequence of these decisions: by essentially converting these contingent guaranties to unconditional guaranties, the threat of springing liability disappears and the guaranties cease to have deterrent effects. If the guarantor is li-able whether or not the single purpose entity files for bankruptcy, why not file? The result is likely to be bankruptcy filings and other "misbehavior" by borrowers. Moreover, the analysis used in these cases would put many performing loans into default along with triggering recourse, threatening substantial …
Legal And Policy Choices In The Aftermath Of The Subprime And Mortgage Financing Crisis, Gerald Korngold
Legal And Policy Choices In The Aftermath Of The Subprime And Mortgage Financing Crisis, Gerald Korngold
Articles & Chapters
This essay, delivered at a symposium at the University of South Carolina in October 2008 and forthcoming in South Carolina Law Review, sets out initial thoughts about to the legal and policy choices that decision makers must address in the aftermath of the subprime crisis that has since triggered a global financing crunch. After tracing a narrative of how subprime lending grew into a mortgage financing crisis and then a broader financial dislocation, the essay addresses two issues. First, while it is commonly stated that increased regulation will be required in secondary mortgage markets going forward, the essay explores competing …
Once A Mortgage, Always A Mortgage - The Use (And Misuse) Of Mezzanine Loans And Preferred Equity Investments, Andrew R. Berman
Once A Mortgage, Always A Mortgage - The Use (And Misuse) Of Mezzanine Loans And Preferred Equity Investments, Andrew R. Berman
Articles & Chapters
The mortgage remains one of the most common and successful techniques to finance real estate transactions. In the last 25 years, mortgage loans have also been sold in the secondary market and included in mortgage-backed securitizations. The amazing growth of mortgage securitizations has also led to the development of novel financing techniques, including mezzanine financing and preferred equity investments.
This article discusses the historical development of real estate financing from the early beginning of mortgage law and the equity of redemption through the modern advent of mortgage-backed securitizations (MBS) and other non-traditional financings. It argues that the phenomenal success of …
Withholding Tax On Phantom Gain, Alan Appel, Michael Hirschfield
Withholding Tax On Phantom Gain, Alan Appel, Michael Hirschfield
Articles & Chapters
No abstract provided.
Comparing The Concepts Of ‘Property’ And ‘Value’ In Real Estate Law And Real Property Taxation, Gerald Korngold
Comparing The Concepts Of ‘Property’ And ‘Value’ In Real Estate Law And Real Property Taxation, Gerald Korngold
Articles & Chapters
This article first explores property law 's model for addressing split ownership of land so that its relevance to real estate taxation can be examined. It then discusses the public policies and pragmatic concerns that influence the judicial definitions of "property" and "value" in real estate taxation. Finally, four areas, of property law are examined that raise questions of "property" and land "value" that are analogous to those in real estate taxation. Each of these four areas of property law teaches an important lesson about the comparative meanings of "property" and "value."
Is There Life After Abandonment--The Key Role Of New York City's In Rem Housing In Establishing An Entitlement To Decent, Affordable Housing, Andrew Scherer
Is There Life After Abandonment--The Key Role Of New York City's In Rem Housing In Establishing An Entitlement To Decent, Affordable Housing, Andrew Scherer
Articles & Chapters
No abstract provided.