Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Property Law and Real Estate (47)
- Housing Law (17)
- Consumer Protection Law (13)
- Law and Psychology (6)
- Legislation (6)
-
- Bankruptcy Law (5)
- Commercial Law (5)
- Law and Society (5)
- Business Organizations Law (3)
- Constitutional Law (3)
- Contracts (3)
- Securities Law (3)
- State and Local Government Law (3)
- Common Law (2)
- Criminal Law (2)
- Environmental Law (2)
- Estates and Trusts (2)
- Gaming Law (2)
- Law and Economics (2)
- Law and Race (2)
- Science and Technology Law (2)
- Social and Behavioral Sciences (2)
- Administrative Law (1)
- Agency (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
- Construction Law (1)
- Institution
-
- University of Michigan Law School (29)
- Pace University (10)
- Maurer School of Law: Indiana University (7)
- Selected Works (7)
- Southern Methodist University (5)
-
- Washington and Lee University School of Law (5)
- West Virginia University (5)
- Pepperdine University (4)
- Texas A&M University School of Law (4)
- William & Mary Law School (4)
- SelectedWorks (3)
- University of Georgia School of Law (3)
- Boston University School of Law (2)
- Cleveland State University (2)
- Fordham Law School (2)
- University of Colorado Law School (2)
- University of Kentucky (2)
- Georgetown University Law Center (1)
- Golden Gate University School of Law (1)
- Louisiana Tech University (1)
- Mitchell Hamline School of Law (1)
- Syracuse University (1)
- University of Massachusetts Boston (1)
- University of Miami Law School (1)
- University of Washington School of Law (1)
- Villanova University Charles Widger School of Law (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication Year
- Publication
-
- Michigan Law Review (13)
- Pace Law Review (8)
- Faculty Scholarship (7)
- Indiana Law Journal (7)
- Faculty Journal Articles and Book Chapters (5)
-
- University of Michigan Journal of Law Reform (5)
- Washington and Lee Law Review (5)
- West Virginia Law Review (5)
- Articles (4)
- Pepperdine Law Review (4)
- Christopher K. Odinet (3)
- Other Publications (3)
- Publications (3)
- Scholarly Works (3)
- William & Mary Business Law Review (3)
- Book Chapters (2)
- Cleveland State Law Review (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Fordham Journal of Corporate & Financial Law (2)
- Kentucky Law Journal (2)
- Brian M McCall (1)
- Center for Policy Research (1)
- Darren A. Prum (1)
- Debra Pogrund Stark (1)
- Doctoral Dissertations (1)
- Dr Robert Brown (1)
- Faculty Articles (1)
- Faculty Publications (1)
- Gastón Institute Publications (1)
- John P Hunt (1)
- Publication Type
Articles 61 - 90 of 106
Full-Text Articles in Banking and Finance Law
Still Mortgaging The American Dream: Predatory Lending, Preemption, And Federally Supported Lenders, Julia Patterson Forrester Rogers
Still Mortgaging The American Dream: Predatory Lending, Preemption, And Federally Supported Lenders, Julia Patterson Forrester Rogers
Faculty Journal Articles and Book Chapters
This Article discusses the continuing problem of predatory lending abuses in the subprime home mortgage lending market and federal and state attempts to address the problem. Over the protests of consumer advocates, federal agencies have recently issued regulations preempting state predatory lending statutes as applied to national banks and thrifts. In addition, Congress is considering legislation that would preempt state predatory lending laws for all lenders. The Article considers the preemption debate, particularly in the context of federally supported lenders-banks, thrifts, and the government-sponsored enterprises (GSEs), Fannie Mae and Freddie Mac. Banks and thrifts receive support through the federal safety …
Yes, West Virginia, There Is A Special Priority For The Purchase Money Mortgage: The Recognition Of Purchase Money Mortgage Priority In West Virginia, Abraham M. Ashton
Yes, West Virginia, There Is A Special Priority For The Purchase Money Mortgage: The Recognition Of Purchase Money Mortgage Priority In West Virginia, Abraham M. Ashton
West Virginia Law Review
No abstract provided.
Bankruptcy And Mortgage Lending: The Homeowner Dilemma, A. Mechele Dickerson
Bankruptcy And Mortgage Lending: The Homeowner Dilemma, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Environmental Superliens And The Problem Of Mortgage-Backed Securitization, Jonathan Remy Nash
Environmental Superliens And The Problem Of Mortgage-Backed Securitization, Jonathan Remy Nash
Washington and Lee Law Review
No abstract provided.
Looking The Other Way: A Critique Of The Fair-Lending Enforcement System And A Plan To Fix It, Stephen L. Ross, John Yinger
Looking The Other Way: A Critique Of The Fair-Lending Enforcement System And A Plan To Fix It, Stephen L. Ross, John Yinger
Center for Policy Research
In 2001, the homeownership rate in the United States reached 67.8 percent--an all-time high. The benefits of homeownership were not evenly spread across ethnic groups, however. In fact, the homeownership rate was 74.3 percent for non-Hispanic whites, 48.4 percent for non-Hispanic blacks, and 47.3 percent for Hispanics (U.S. Department of Housing and Urban Development 2002, Table 29). These homeownership gaps undoubtedly have many causes, but one of the key suspects is discrimination in mortgage lending. The vast majority of households cannot buy a house without a mortgage loan, and discriminatory barriers to obtaining a mortgage could have a dramatic impact …
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, Debra Pogrund Stark
Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, Debra Pogrund Stark
University of Michigan Journal of Law Reform
Lenders view real estate foreclosures as too expensive and time consuming a process which needlessly increases the costs of making loans. Others complain that the foreclosure process fails to adequately protect the borrower's equity (the value of the property in excess of the debt secured by the property) in the mortgaged property.
This article tests these views by gathering new data on the fairness and efficiency of the foreclosure process. Based on the data collected (which confirms some assumptions but disproves others), the author proposes a reform of the foreclosure process to promote the interest of both lenders and borrowers. …
M&A: Survival Of The Fittest In The 21st Century: Strategic Positioning In The Banking And Communications Industries - M&A In The Banking Industry Investment Banking Perspective, Neil Mccarthy
Fordham Journal of Corporate & Financial Law
No abstract provided.
Constructing A New Theoretical Framework For Home Improvement Financing, Julia Patterson Forrester Rogers
Constructing A New Theoretical Framework For Home Improvement Financing, Julia Patterson Forrester Rogers
Faculty Journal Articles and Book Chapters
In this Article, I advocate modification of the law governing home improvement financing. In section I, I discuss the prevalence of home improvement scams, the dual system of home improvement financing available to affluent and poor homeowners, and the social cost of home improvement scams. Despite attempts by lawmakers to protect homeowners from unscrupulous home improvement contractors and lenders, home improvement scams remain a significant consumer problem. Most victims of such scams are poor, minority, and elderly homeowners. These homeowners obtain home improvements and home improvement financing through a system with tremendous potential for abuse. In this system, contractors and …
Eliminating The Labyrinth: A Proposal To Simplify Federal Mortgage Lending Discrimination Laws, Stephen M. Dane
Eliminating The Labyrinth: A Proposal To Simplify Federal Mortgage Lending Discrimination Laws, Stephen M. Dane
University of Michigan Journal of Law Reform
The object of this Article is to demonstrate that the statutory and regulatory framework established by the federal government in its efforts to fight mortgage-lending discrimination is an extremely complicated labyrinth of dead ends, false passages, and elusive goals. Instead of addressing the mortgage-lending discrimination problem directly and comprehensively, Congress has taken a piecemeal and incomplete approach that generally has failed to bring the mortgage-lending industry into equal access compliance.
After pointing out the problems and deficiencies in the current statutory and regulatory scheme, this Article suggests a bold, comprehensive solution to the problem that, if implemented effectively, should ensure …
A Uniform And More Rational Approach To Rents As Security For The Mortgage Loan, Julia Patterson Forrester Rogers
A Uniform And More Rational Approach To Rents As Security For The Mortgage Loan, Julia Patterson Forrester Rogers
Faculty Journal Articles and Book Chapters
In this Article the author provides an introduction to the problems associated with assignments of rents by discussing the nature of rents and their treatment in the absence of an assignment. Next, the author will examine in detail the issues arising with regard to assignments of rents under current law both in and outside of the bankruptcy context. Finally, the author will discuss the proposal that rents be integrated into Article 9 of the UCC.
Construction Lending: The Mortgagee's Right To Inspect The Construction Project And Duty To Ensure Proper Disbursement Of Construction Loan Proceeds, Douglas C. Franck
Construction Lending: The Mortgagee's Right To Inspect The Construction Project And Duty To Ensure Proper Disbursement Of Construction Loan Proceeds, Douglas C. Franck
Kentucky Law Journal
No abstract provided.
Taking And Federal Impairment Of Contract Issues In The Extension Of Preemption Of Due-On-Sale Restrictions Beyond Federal Savings And Loans, Susan Lacava
Indiana Law Journal
No abstract provided.
Alternative Mortgage Instruments: Authorizing And Implementing Price Level Adjusted Mortgages, Joel J. Goldberg
Alternative Mortgage Instruments: Authorizing And Implementing Price Level Adjusted Mortgages, Joel J. Goldberg
University of Michigan Journal of Law Reform
Of the institutions authorized to make mortgage funds available, only federally-chartered and a small minority of state-chartered savings and loan associations are presently authorized to make PLAM loans. This is due, in part, to a variety of legal and underwriting problems that may outweigh the theoretical advantages of PLAM financing. This Note evaluates these legal and underwriting problems and proposes legal measures to accommodate PLAM financing. Part I discusses the development and advantages of the PLAM. Part II analyzes the legal and practical underwriting objections to PLAM financing, including interest regulations, tax ramifications, and commercial desirability. Part II also suggests …
The Due-On-Sale Mortgage Clause As A Method Of Reconciling The Competing Interests Of Lender And Borrower, Brenda D. Crocker
The Due-On-Sale Mortgage Clause As A Method Of Reconciling The Competing Interests Of Lender And Borrower, Brenda D. Crocker
West Virginia 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
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.
State Regulation Of Federally Chartered Financial Institutions: Washington's Anti-Redlining Act, Richard H. Cleva
State Regulation Of Federally Chartered Financial Institutions: Washington's Anti-Redlining Act, Richard H. Cleva
Washington Law Review
The purpose of this comment is to analyze the law on state regulation of federal financial institutions and then to apply that analysis to the Washington act in order to determine whether the act can validly be applied to national banks and federal savings and loan associations. Part II critically describes the Washington act and compares it with federal law on the same subject. Part III surveys the judicially developed limits on state regulation of federal financial institutions. Part IV then considers the validity of the Washington act as applied to federal financial institutions in light of the judicial limits …
Home Financing At The Crossroads - A Study Of The Federal Home Loan Mortgage Corporation, Richard W. Bartke
Home Financing At The Crossroads - A Study Of The Federal Home Loan Mortgage Corporation, Richard W. Bartke
Indiana Law Journal
No abstract provided.
Effect Of Usury Laws On Home Ownership Needs, Richard S. Stoddart, Earl R. Hoover
Effect Of Usury Laws On Home Ownership Needs, Richard S. Stoddart, Earl R. Hoover
Cleveland State Law Review
In this paper we examine usury laws which thwart the thrift industry, particularly savings and loan associations, from entering fully into the needed home financing picture of the 1970's. If there is virtue in owning a home, be it a normal house, mobile home, condominium or a 99-year leasehold, (and the very basis of American life suggests that there is), and if the predicted housing boom is actually to occur, substantial changes should be made in laws which frustrate home financing.
Mortgages-Right Of Mortgagor To Have Lien Barred By Statute Of Limitations Removed As Cloud On Title [Gary-Wheaton Bank V. Helton, Ill. App. 1948]
Washington and Lee Law Review
No abstract provided.
Mortgages-Effect Of Retroactive Application Of Statute Providing For Reduction Of Mortgage Debt By Amount Of "Fair Market Value" Of Property
Washington and Lee Law Review
No abstract provided.
Mortgages-Validity Of Mortgagor's Conveyance Of Equity Of Redemption To Mortgagee After Default, In Satisfaction Of Mortgage Debt. [Nevada]
Washington and Lee Law Review
No abstract provided.
Secured Obligations, Benjamin M. Quigg, Jr.
Secured Obligations, Benjamin M. Quigg, Jr.
Michigan Law Review
The scope of this discussion probably is best defined in the words of the act itself as appear in section 302 (1): "obligations secured by mortgage, trust deed, or other security in the nature of a mortgage · upon real or personal property, owned by a person in military service at the commencement of the period of military service"; and the problems herein discussed are those which arise under the act in connection with the sale, foreclosure, seizure, or repossession of property which is security for such obligations.
The Enforcement Of Oral Promises To Give Real Estate Security, Theodore A. Smedley
The Enforcement Of Oral Promises To Give Real Estate Security, Theodore A. Smedley
Washington and Lee Law Review
No abstract provided.
Some Problems Arising Out Of Deposits To Pay Principal And Interest On Bonds, Paul P. Lipton
Some Problems Arising Out Of Deposits To Pay Principal And Interest On Bonds, Paul P. Lipton
Michigan Law Review
Since Lawrence v. Fox contracts students have been puzzled by the numerous and varying relations that may arise when A, the debtor, delivers money to B to pay C, his creditor. Equally puzzling and much more complicated are the rights and relations of the obligor, trustee and bondholders with respect to sums deposited with the trustee to pay principal and interest on bonds.
The insolvency during recent years of many large trust companies that had been named as trustees in indentures securing corporate bonds, having on hand at the time of their failure large sums of money which …
Vendor And Purchaser-Vendor's Release Of Sub-Assignee Held A Discharge Of All Prior Assignees, Robert M. Warren
Vendor And Purchaser-Vendor's Release Of Sub-Assignee Held A Discharge Of All Prior Assignees, Robert M. Warren
Michigan Law Review
The bank for which plaintiff is receiver sold land on contract. There followed four successive assignments of the vendee's interest, in each of which the assignee expressly assumed the contract obligation. After the fourth assignment, default occurred as to payments and taxes, and plaintiff began negotiations to sell the property to an intermediate assignee, R. To effectuate this sale, plaintiff procured an assignment in blank from the fourth assignee, W, in consideration of a release of W from further liability on the contract. The negotiations with R having failed, plaintiff brought suit against the vendee and all the …
Enforceability Of Agreements Between Mortgagors Of The Home Owners' Loan Corporation And Third Parties, Richard F. Payne
Enforceability Of Agreements Between Mortgagors Of The Home Owners' Loan Corporation And Third Parties, Richard F. Payne
West Virginia Law Review
No abstract provided.
Mortgages-Subrogation-Volunteer
Deeds - Covenant Of Warranty Limited By Exceptions In Another Covenant, Seward R. Stroud
Deeds - Covenant Of Warranty Limited By Exceptions In Another Covenant, Seward R. Stroud
Michigan Law Review
A mortgaged land to B and thereafter executed a second mortgage on the same land to C. In the second mortgage, A covenanted that "they are seized of good and perfect title . . . in fee simple and that the title so conveyed is clear, free and unincumbered except . . . (the Hixton Bank mortgage) [mortgage to B] and that they will forever warrant and defend the same . . . against all claims whatsoever." The first mortgage to B was foreclosed, and B purchased at the foreclosure sale. B sold the land to A, …