Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Property Law and Real Estate (124)
- Housing Law (50)
- Banking and Finance Law (49)
- Bankruptcy Law (39)
- State and Local Government Law (26)
-
- Law and Economics (20)
- Social and Behavioral Sciences (16)
- Consumer Protection Law (14)
- Contracts (14)
- Dispute Resolution and Arbitration (13)
- Public Affairs, Public Policy and Public Administration (13)
- Antitrust and Trade Regulation (12)
- Commercial Law (12)
- Courts (12)
- Law and Society (11)
- Secured Transactions (11)
- Business (9)
- Tax Law (9)
- Business Organizations Law (8)
- Constitutional Law (8)
- Land Use Law (8)
- Legal Ethics and Professional Responsibility (8)
- Legislation (8)
- Military, War, and Peace (8)
- Urban Studies and Planning (8)
- Health Law and Policy (7)
- Jurisprudence (7)
- Oil, Gas, and Mineral Law (7)
- Securities Law (7)
- Institution
-
- Selected Works (42)
- Golden Gate University School of Law (22)
- University of Michigan Law School (22)
- SelectedWorks (20)
- Fordham Law School (12)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (12)
- Pepperdine University (11)
- University of Missouri School of Law (11)
- Cleveland State University (8)
- New York Law School (6)
- St. Mary's University (6)
- University of Pennsylvania Carey Law School (6)
- Cornell University Law School (5)
- University of Maine School of Law (5)
- University of Oklahoma College of Law (5)
- Georgetown University Law Center (4)
- St. John's University School of Law (4)
- University of Arkansas at Little Rock William H. Bowen School of Law (4)
- University of Maryland Francis King Carey School of Law (4)
- William & Mary Law School (4)
- Case Western Reserve University School of Law (3)
- Chicago-Kent College of Law (3)
- Georgia State University College of Law (3)
- Louisiana State University Law Center (3)
- Northwestern Pritzker School of Law (3)
- Seattle University School of Law (3)
- The University of Akron (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Kentucky (3)
- University of South Carolina (3)
- Publication Year
- Publication
-
- Michigan Law Review (21)
- Publications (21)
- Faculty Publications (10)
- All Faculty Scholarship (9)
- Pepperdine Law Review (9)
-
- Faculty Scholarship (8)
- Nevada Supreme Court Summaries (7)
- Fordham Law Review (6)
- Melissa B. Jacoby (6)
- St. Mary's Law Journal (6)
- Oklahoma Law Review (5)
- Articles & Chapters (4)
- Cleveland State Law Review (4)
- Maine Law Review (4)
- Missouri Law Review (4)
- Scholarly Works (4)
- University of Arkansas at Little Rock Law Review (4)
- Andrea J Boyack (3)
- Fordham Journal of Corporate & Financial Law (3)
- Fordham Urban Law Journal (3)
- Georgia State University Law Review (3)
- Journal Articles (3)
- Kurt Eggert (3)
- Law Faculty Research Publications (3)
- Louisiana Law Review (3)
- Maryland Law Review (3)
- Nevada Law Journal (3)
- Seattle University Law Review (3)
- South Carolina Law Review (3)
- Articles (2)
- Publication Type
- File Type
Articles 1 - 30 of 301
Full-Text Articles in Law
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 …
Playing Monopoly With The Neighborhood: Impact Of Series Limited Liability Companies On Nuisance Abatement Actions And Housing Code Enforcement, Lauren Williams
Playing Monopoly With The Neighborhood: Impact Of Series Limited Liability Companies On Nuisance Abatement Actions And Housing Code Enforcement, Lauren Williams
Cleveland State Law Review
The City of Cleveland has been one of the most active cities in combating the negative effects of the 2008 financial crisis, utilizing nuisance abatement actions in combination with municipal programs aimed at assisting homeowners and renters. However, the Ohio Revised Limited Liability Company Act ("ORLLCA"), passed in 2021, may reverse the progress made in cities like Cleveland by enabling real estate investors to conceal assets in several series under the same limited liability company, resulting in rising vacancy rates and unstable communities. This will negatively impact the effectiveness of nuisance abatement actions and traditional housing code enforcement in curbing …
Lifting The Automatic Stay After Foreclosures In New York, Andrew Vavricka
Lifting The Automatic Stay After Foreclosures In New York, Andrew Vavricka
Bankruptcy Research Library
(Excerpt)
The filing of a bankruptcy petition under title 11 of the United States Code (the “Bankruptcy Code”) results in an automatic stay that bars collection efforts against a debtor’s property. Consequently, a creditor will generally be prevented from foreclosing on property in which a debtor has an interest, including a possessory interest. Section 362(d), however, provides that the automatic stay may be lifted or modified under four alternatives. This article will discuss the implication of the automatic stay on a New York foreclosure action and bankruptcy courts’ rationale for lifting the automatic stay in the foreclosure context.
Part I …
Crypto In Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, Andrea Tosato
Crypto In Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, Andrea Tosato
Faculty Publications
Blockchain and cryptocurrencies have ushered in a digital gold rush. But all that glitters is not gold. The latest fad is the use of non-fungible tokens (NFTs) to purchase and finance real estate. Typically, crypto real estate transactions begin with the transfer of title for a residential property into a dedicated business entity, such as a limited liability company. Thereafter, an NFT is ‘minted’ and used to represent the ownership interest in that entity. The real property is then marketed online specifying that, to acquire it, one simply purchases the relevant NFT via a blockchain transfer. Crucially, buyers are expected …
Foreclosure In English Law: A Comparative Analytical Study Of Islamic Jurisprudence And Comparative Law, Younis Salah Eddin Ali Dr.
Foreclosure In English Law: A Comparative Analytical Study Of Islamic Jurisprudence And Comparative Law, Younis Salah Eddin Ali Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The Foreclosure is considered as the most drastic or draconian remedy, which leads to the extinction of the equitable right of redemption and restoration or recovery of the mortgaged property enjoyed by mortgagor, due to his or her default from repaying the debt secured by mortgaged Property. Which allows the mortgagee to acquire the ownership of the mortgaged Property, after being transferred to him or her. It is also worth-bearing in mind that the foreclosure is considered as an equitable system, imposed by the rules of justice and equity, in order to eliminate the mortgagor's procrastination or default from repaying …
Cognitive Foreclosure, Peter O'Loughlin
Cognitive Foreclosure, Peter O'Loughlin
Georgia State University Law Review
Digital markets now fundamentally intertwine with our social and economic lives. International enforcement actions—the United States (U.S.) and European Union (E.U.) Google cases in particular—demonstrate from a behavioral economic perspective how digital platforms may be beginning to implicate antitrust’s two most fundamental doctrinal components—conduct and market power—in nuanced ways. In short, the regulatory and policy landscape showcases that we may be moving closer towards an antitrust world whereby firms can manipulate consumers’ psychological shortcomings to foreclose competition—a new form of nefarious conduct that might appropriately be termed “cognitive foreclosure.” Yet as a demand-side market failure, one should be cautious about …
Portraits Of Bankruptcy Filers, Pamela Foohey, Robert M. Lawless, Deborah Thorne
Portraits Of Bankruptcy Filers, Pamela Foohey, Robert M. Lawless, Deborah Thorne
Articles
One in ten adult Americans has turned to the consumer bankruptcy system for help. For almost forty years, the only systematic data collection about the people who file bankruptcy has come from the Consumer Bankruptcy Project (CBP), for which we serve as co-principal investigators. In this Article, we use CBP data from 2013 to 2019 to describe who is using the bankruptcy system, providing the first comprehensive overview of bankruptcy filers in thirty years. We use principal component analysis to leverage these data to identify distinct groups of people who file bankruptcy. This technique allows us to situate the distinctions …
Non-Debt And Non-Bank Financing For Home Purchase: Promises And Risks, Shelby D. Green
Non-Debt And Non-Bank Financing For Home Purchase: Promises And Risks, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This Article explores the phenomenon of the NDNBs in home purchase and finance that has gained a growing presence in the mortgage marketplace since the 2008 crisis. Part II offers a deeper discussion of the risk-prone practices leading to the 2008 housing crisis and the regulatory and industry responses for recovery. Parts III and IV describe the emerging new models of home purchase. Part IV explores some of the apparent and hidden risks in these transactions. Part VI concludes with suggestions for assessing and managing risks and for reforms.
Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet
Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet
Articles
As part of federal and state relief programs created during the COVID-19 pandemic, many American households received pauses on their largest debts, particularly on mortgages and student loans. Others may have come to agreements with their lenders, likewise pausing or altering payment on other debts, such as auto loans and credit cards. This relief allowed households to allocate their savings and income to necessary expenses, like groceries, utilities, and medicine. But forbearance does not equal forgiveness. At the end of the various relief periods and moratoria, people will have to resume paying all their debts, the amounts of which may …
Health And Safety Receivership: California's Cure For Zombie Foreclosures, Vacant, And Other Nuisance Properties, Ryan Griffith Esq.
Health And Safety Receivership: California's Cure For Zombie Foreclosures, Vacant, And Other Nuisance Properties, Ryan Griffith Esq.
Lincoln Memorial University Law Review Archive
Almost every city or county has abandoned, fire damaged, vacant or other nuisance properties. The majority these properties sit abandoned and blight communities for years with no solution in sight. However, California has solution for these longstanding nuisance properties known as Health and Safety “H & S” receiverships. The statutory authority for H &S receiverships is found at California Health and Safety Code (“HSC”) §§ 17980.6 and 17980.7. Abandoned, vacant and other nuisance properties surface in a variety of ways. However, a few of the most common occurrences are:Deceased property owners without heirs; Zombie foreclosures; Hoarders and other mental health …
A-Void-Able Consequences: Void Sales & Subsequent Purchasers Under Arkansas’S Statutory Foreclosure Act, Hannah Hungate
A-Void-Able Consequences: Void Sales & Subsequent Purchasers Under Arkansas’S Statutory Foreclosure Act, Hannah Hungate
Arkansas Law Notes
This Comment explores Arkansas’s Statutory Foreclosure Act and addresses the question of whether there can be a “subsequent purchaser for value” when a foreclosure sale is void from the outset. After a review of the Act itself, distinction between void and voidable foreclosures of property, findings of other state courts, and proper application of the Act, the author urges the Arkansas Supreme Court to make a formal declaration finding that purchasers of property foreclosed upon in a void sale are not “subsequent purchasers for value” under the meaning of the statute.
Bankruptcy & The Underwater Home: A Case For Real Property Redemption, David Sheinfeld
Bankruptcy & The Underwater Home: A Case For Real Property Redemption, David Sheinfeld
Michigan Business & Entrepreneurial Law Review
Chapter 7 of the U.S. Bankruptcy Code exists to satisfy the claims of creditors and preserve an economic “fresh start” for the debtor after bankruptcy. In exchange for surrendering her property to the trustee to have it monetized (i.e., sold), the debtor receives a discharge of her debts and an injunction against future creditor in personam actions to recover them. However, the in personam injunction is insufficient to protect consumer debtors who are in default on mortgages encumbering underwater homes because the creditor’s in rem rights remain; after the conclusion of the case, the creditor can continue foreclosure proceedings, which …
Vertical Mergers In A Model Of Upstream Monopoly And Incomplete Information, Serge Moresi, David Reitman, Steven C. Salop, Yianis Sarafidis
Vertical Mergers In A Model Of Upstream Monopoly And Incomplete Information, Serge Moresi, David Reitman, Steven C. Salop, Yianis Sarafidis
Georgetown Law Faculty Publications and Other Works
We examine the role of private information on the impact of vertical mergers. A vertical merger can improve the information that is available to an upstream monopolist because, after the merger, the monopolist can observe the cost of its downstream merger partner. In the pre-merger world, because the costs of the downstream firms are private information, the monopolist has incomplete information and cannot implement the monopoly outcome: The expected pre-merger equilibrium price of the downstream product is lower than the monopoly price. After a vertical merger, the equilibrium input price that is charged to the downstream rival can either increase …
Yesterday I Was Lying: Creeping Preclusion Of Reciprocal Fee Awards In Residential Foreclosure Litigation, Eric A. Zacks, Dustin A. Zacks
Yesterday I Was Lying: Creeping Preclusion Of Reciprocal Fee Awards In Residential Foreclosure Litigation, Eric A. Zacks, Dustin A. Zacks
St. John's Law Review
(Excerpt
As a result of the high volume of foreclosure litigation in the wake of the Great Recession, scholars have explored several outgrowths of the foreclosure crisis, developing a burgeoning body of research. Scholars and commentators have authored studies about a wide variety of foreclosure-related topics, ranging from the disparate racial effects of the housing crisis to the many legislative and court-instituted policies enacted to ameliorate the harsh reality faced by financially distressed homeowners, all the way through books examining the aftermath of the crisis and lessons learned from the entire experience.
Our previous contributions to this evolving body of …
Grinding Gears: Meshing Maine Mortgage Foreclosure Law And The Bankruptcy Code, Daniel L. Cummings
Grinding Gears: Meshing Maine Mortgage Foreclosure Law And The Bankruptcy Code, Daniel L. Cummings
Maine Law Review
In Maine interesting and unresolved questions often arise when a mortgagor files for bankruptcy after a judgment of foreclosure has been entered in state court but before a foreclosure sale has occurred. Specifically, what rights does the mortgagor have in the real property? And are the mortgagee's subsequent steps to complete the sale barred by the automatic stay of the Bankruptcy Code (“Code”)? These questions are made more difficult because Maine is a title theory state and because the foreclosure sale occurs after the expiration of the statutory redemption period rather than, as in most states, before it. Because a …
Grinding Gears: Meshing Maine Mortgage Foreclosure Law And The Bankruptcy Code, Daniel L. Cummings
Grinding Gears: Meshing Maine Mortgage Foreclosure Law And The Bankruptcy Code, Daniel L. Cummings
Maine Law Review
In Maine interesting and unresolved questions often arise when a mortgagor files for bankruptcy after a judgment of foreclosure has been entered in state court but before a foreclosure sale has occurred. Specifically, what rights does the mortgagor have in the real property? And are the mortgagee's subsequent steps to complete the sale barred by the automatic stay of the Bankruptcy Code (“Code”)? These questions are made more difficult because Maine is a title theory state and because the foreclosure sale occurs after the expiration of the statutory redemption period rather than, as in most states, before it. Because a …
Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk
Northwestern Journal of Law & Social Policy
Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …
Cranesbill Tr. V. Wells Fargo Bank, 136 Nev. Adv. Op. 8 (March 5, 2020), Brittney Lehtinen
Cranesbill Tr. V. Wells Fargo Bank, 136 Nev. Adv. Op. 8 (March 5, 2020), Brittney Lehtinen
Nevada Supreme Court Summaries
The Court determined that homeowners may cure defaults as to superpriority portions of HOA liens much like first deed of trust holders; however, failure to explicitly or implicitly direct allocation of payments by either debtors or creditors requires court intervention to decide what is “just and equitable.”
Berberich V. Bank Of America, 136 Nev. Ad. Op (Mar. 26, 2020), Amelia Mallette
Berberich V. Bank Of America, 136 Nev. Ad. Op (Mar. 26, 2020), Amelia Mallette
Nevada Supreme Court Summaries
The Supreme Court of Nevada considered whether a quiet title action from a foreclosure sale was barred by NRS 11.080 because Berberich was in possession of the property for five years before commencing the action. The Court held that the limitations period outlined in NRS 11.080 will not run against an owner who is in undisputed possession of the land.
Quantifying The Increase In “Effective Concentration” From Verticle Mergers That Raise Input Foreclosure Concerns: Comment On The Draft Vertical Merger Guidelines, Serge Moresi, Steven C. Salop
Quantifying The Increase In “Effective Concentration” From Verticle Mergers That Raise Input Foreclosure Concerns: Comment On The Draft Vertical Merger Guidelines, Serge Moresi, Steven C. Salop
Georgetown Law Faculty Publications and Other Works
This comment responds to the request by the Federal Trade Commission and the Department of Justice’s Antitrust Division for public comment on the draft 2020 Vertical Merger Guidelines. In this comment, we show that there is an inherent loss of an indirect competitor and competition when a vertical merger raises input foreclosure concerns. We also show that it then is possible to calculate an effective increase in the HHI measure of concentration for the downstream market. We refer to this “proxy” measure as the “dHHI.” We derive the dHHI measure by comparing the pricing incentives and associated upward …
Contract Consentability: Autonomy Threats, Benefits, And Framing, Eric A. Zacks
Contract Consentability: Autonomy Threats, Benefits, And Framing, Eric A. Zacks
Law Faculty Research Publications
No abstract provided.
Saticoy Bay Llc V. Nev. Ass’N Servs., 135 Nev. Adv. Op. 23 (Jul. 3, 2019), Katrina Fadda
Saticoy Bay Llc V. Nev. Ass’N Servs., 135 Nev. Adv. Op. 23 (Jul. 3, 2019), Katrina Fadda
Nevada Supreme Court Summaries
The Court held that (1) under Nevada's HOA foreclosure redemption statute NRS 116.31166(3) a homeowner may use proceeds from the foreclosure sale to go towards redemption of the property; and (2) that sufficient compliance with the statute is enough to satisfy the statute's requirements.
Daisy Trust V. Wells Fargo Bank, N.A., 135 Nev. Adv. Op.30 (Jul. 25, 2019), Julia Armendariz
Daisy Trust V. Wells Fargo Bank, N.A., 135 Nev. Adv. Op.30 (Jul. 25, 2019), Julia Armendariz
Nevada Supreme Court Summaries
The Court determined that (1) NRS § 106.210 and NRS § 111.325 do not require a beneficiary to be identified on the publicly recorded deed of trust to establish ownership interest in the subject loan and (2) a loan service agreement or an original promissory note is not required to by the loan servicer to assert the Federal Foreclosure Bar on another’s behalf so long as properly authenticated business records can establish the ownership interest and (3) The Federal Foreclosure Bar preempts NRS § 116.3116(2) and prevents an HOA foreclosure sale from extinguishing the first deed of trust.
Still Standing, Barely: Bank Of America Corp. V. City Of Miami And The Impact On Fair Lending Litigation, Trevor C, Hoffberger
Still Standing, Barely: Bank Of America Corp. V. City Of Miami And The Impact On Fair Lending Litigation, Trevor C, Hoffberger
Maryland Law Review
No abstract provided.
Path To Destruction: Cook County's Property Tax System Is A Cause For Concern As It Mimics The Defunct Taxing Procedures That Led To The Detroit Foreclosure Crisis, Robert Romano
Chicago-Kent Law Review
For decades, Cook County, Illinois, has had one of the highest property tax rates in the country, and as a result the County has begun to experience unprecedented foreclosure rates which has contributed, in part, to the State’s significant population decline. Residents are forced to endure a property tax system that disproportionately burdens low-income homeowners, while providing tax breaks to higher-income individuals and commercial owners. The primary causes and characteristics of Cook County’s defunct property tax system are strikingly similar to those that sent the City of Detroit spiraling into bankruptcy in 2013.
This note provides a comparative analysis of …
Yesterday I Was Lying: Creeping Preclusion Of Reciprocal Fee Awards In Residential Foreclosure Litigation, Eric A. Zacks, Dustin A. Zacks
Yesterday I Was Lying: Creeping Preclusion Of Reciprocal Fee Awards In Residential Foreclosure Litigation, Eric A. Zacks, Dustin A. Zacks
Law Faculty Research Publications
No abstract provided.
Modern Waste Law, Bankruptcy, And Residential Mortgage, Jill M. Fraley
Modern Waste Law, Bankruptcy, And Residential Mortgage, Jill M. Fraley
Scholarly Articles
Around the time of the subprime mortgage collapse, lenders began in earnest to sue borrowers by adapting the traditional law of waste. Today, these claims continue to rise in frequency and to expand to more jurisdictions. Lender waste claims provide a “work around” for state mortgage laws that prohibit personal deficiency judgments after foreclosure and are potentially non-dischargeable in bankruptcy.
While a recent wave of scholarship has addressed the problems of how the bankruptcy system handles mortgages, scholars have not yet explored the use of waste actions by lenders and how waste judgments intersect with bankruptcy and foreclosure. Using new …
Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte
Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte
Touro Law Review
No abstract provided.
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Nancy Welsh
Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …
Unconscionable: Tax Delinquency Sales As A Form Of Dignity Taking, Andrew W. Kahrl
Unconscionable: Tax Delinquency Sales As A Form Of Dignity Taking, Andrew W. Kahrl
Chicago-Kent Law Review
No abstract provided.