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Encouraging Cooperation: Harmonizing The Battle Of Association And Mortgagee Lien Priority In America’S Common Interest Communities, Christian J. Bromley 2014 SelectedWorks

Encouraging Cooperation: Harmonizing The Battle Of Association And Mortgagee Lien Priority In America’S Common Interest Communities, Christian J. Bromley

Christian J Bromley

As the United States grappled with millions of foreclosures in recent years, the delinquency of mortgage and community association payments threatened the sustainability of over 300,000 common interest communities that house 63.4 million Americans. When owners of residential property fall behind on mortgage and association assessments, a battle for lien priority emerges between the associations and mortgagees. Each respectively holds a lien on the property to secure the debt owed to them, but it is the priority of these liens that determines the amount the lienholder recovers from a foreclosure sale.

There is no uniform approach to priority ...


Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, Ryan Becklean 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, Ryan Becklean

Nevada Supreme Court Summaries

The Court determined one issue: (1) the legal effect of a loan assignment from a homeowner’s original lender to a subsequent purchaser when that assignment violates the terms of the original lender and subsequent purchaser’s Pooling and Servicing Agreement (PSA). More specifically, the court decided whether a loan assignment that is executed after the closing date renders the assignment void and ineffective to transfer ownership of the homeowner’s loan.


The Price Of Crisis: Eminent Domain, Local Governments, And The Value Of Underwater Mortgages, Raymond H. Brescia, Nicholas Martin 2014 SelectedWorks

The Price Of Crisis: Eminent Domain, Local Governments, And The Value Of Underwater Mortgages, Raymond H. Brescia, Nicholas Martin

Raymond H Brescia

In response to the lingering fallout from the Financial Crisis of 2008, local governments have begun to explore whether it is wise and legal to use the power of eminent domain to seize distressed home mortgages. This Article attempts to situate this approach to such mortgages within the larger economic, legal and policy context and asks three key questions. First, are local governments appropriate actors to address the lingering problem of underwater mortgages? Second, assuming they are appropriate actors to address this problem, how should localities and, if necessary, courts, value underwater mortgages in the context of condemnation proceedings: i ...


The Threat To Interest-Free Home Financing: The Problem Of State Governments' Prohibition Of Islamic-Compliant Financing Agreements, Matt Anderson 2014 Hamline University

The Threat To Interest-Free Home Financing: The Problem Of State Governments' Prohibition Of Islamic-Compliant Financing Agreements, Matt Anderson

Hamline Law Review

abstract


At Forty-Five Years Old The Obligation To Affirmatively Further Fair Housing Gets A Face-Lift, But Will It Integrate America’S Cities?, Jonathan J. Sheffield Jr. 2014 Loyola University Chicago

At Forty-Five Years Old The Obligation To Affirmatively Further Fair Housing Gets A Face-Lift, But Will It Integrate America’S Cities?, Jonathan J. Sheffield Jr.

Social Justice

In July 2013 the U.S. Department of Housing and Urban Development (HUD) issued a draft rule in order to improve implementation of the 1968 Fair Housing Act’s mandate to address segregated housing patterns. HUD’s 2013 proposed rule replaces its 1995 regulation under Section 3608(e) of the Fair Housing Act, which requires HUD and its grantees to act "affirmatively to further fair housing" (AFFH). This obligation has been in place for over forty-five years and it extends to other federal agencies that administer housing programs. Yet segregated communities persist in cities all across America, leaving large segments ...


The Use Of Tenant Screening Reports And Tenant Blacklisting—2014, Gerald Lebovits 2014 SelectedWorks

The Use Of Tenant Screening Reports And Tenant Blacklisting—2014, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz 2014 Pepperdine University

Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz

Pepperdine Law Review

No abstract provided.


Private Rights Under The Housing Act: Preserving Rental Assistance For Section 8 Tenants, John M. Lerner 2014 Boston College Law School

Private Rights Under The Housing Act: Preserving Rental Assistance For Section 8 Tenants, John M. Lerner

Boston College Journal of Law & Social Justice

The Housing Choice Voucher Program provides low-income families with federally funded rental assistance. In order to receive rental assistance, tenants and landlords must maintain units in compliance with the Housing Quality Standards promulgated by the United States Housing Act. A failure by either party to comply with the Housing Quality Standards results in a termination of the federal funding. Unfortunately for voucher recipients, this means that they can be stripped of their rental assistance through no fault of their own. To remedy this situation, many tenants have tried to bring an action against their landlord, alleging a violation of the ...


Does Fair Housing Law Apply To “Shared Living Situations”? Or, The Trouble With Roommates, Tim Iglesias 2014 University of San Francisco

Does Fair Housing Law Apply To “Shared Living Situations”? Or, The Trouble With Roommates, Tim Iglesias

Tim Iglesias

In 2012, the Ninth Circuit held that to avoid a constitutional conflict with the right to freedom of association neither the federal Fair Housing Act nor California’s Fair Employment and Housing Act apply to persons seeking roommates or to other shared living situations. This article criticizes the opinion as poorly reasoned and overly broad and then offers a more targeted legislative solution to the problem.


In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider 2014 SelectedWorks

In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider

Valerie Schneider

Abstract:

Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections ...


Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott

Nevada Law Journal

No abstract provided.


At Forty-Five Years Old The Obligation To Affirmatively Further Fair Housing Gets A Face-Lift, But Will It Integrate America’S Cities?, Jonathan J. Sheffield Jr. 2014 Loyola University Chicago, School of Law

At Forty-Five Years Old The Obligation To Affirmatively Further Fair Housing Gets A Face-Lift, But Will It Integrate America’S Cities?, Jonathan J. Sheffield Jr.

Jonathan J Sheffield Jr.

In July 2013 the U.S. Department of Housing and Urban Development (HUD) issued a draft rule in order to improve implementation of the 1968 Fair Housing Act’s mandate to address segregated housing patterns. HUD’s 2013 proposed rule replaces its 1995 regulation under Section 3608(e) of the Fair Housing Act, which requires HUD and its grantees to act "affirmatively to further fair housing" (AFFH). This obligation has been in place for over forty-five years and it extends to other federal agencies that administer housing programs. Yet segregated communities persist in cities all across America, leaving large segments ...


Limited Equity Cooperatives: The Non-Economic Value Of Homeownership, Julie D. Lawton 2014 Washington University School of Law

Limited Equity Cooperatives: The Non-Economic Value Of Homeownership, Julie D. Lawton

Washington University Journal of Law & Policy

Economists have argued there are two main purposes of homeownership. The first is housing as a utility for consumption, and the second is housing as an investment vehicle. Legal scholars, on the other hand, view homeownership in more personal terms. Margaret Radin, in her watershed article, argues that homeownership is so closely imbued with the person that it is affirmatively part of one‘s self—the personhood of property. Radin suggests that one‘s home is such a part of the way a person constitutes oneself that the property becomes an element of personhood, something no longer entirely external to ...


Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta 2014 The Catholic University of America, Columbus School of Law

Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta

Catholic University Law Review

No abstract provided.


The Interdependence Of Rights: Protecting The Human Right To Housing By Promoting The Right To Counsel, Risa E. Kaufman, Martha F. Davis, Heidi M. Wegleiter 2014 Northeastern University

The Interdependence Of Rights: Protecting The Human Right To Housing By Promoting The Right To Counsel, Risa E. Kaufman, Martha F. Davis, Heidi M. Wegleiter

School of Law Faculty Publications

This Article trains the lens of international human rights to explicate the relationship between the right to counsel in civil cases and a right to housing. A strength of the human rights framework is its recognition of the interrelationship of rights: civil, political, economic, social and cultural. Just as the right to housing is a lynchpin to the realization of other rights, so, too, is the right to counsel. This article first sets forth the international human rights framework for understanding the U.S.’s obligation to provide a civil right to counsel when basic human needs, including housing, are ...


Amicus Brief On Behalf Of The Leo T. Mccarthy Center For Public Service And The Common Good And 44 Housing Scholars To California Supreme Court In California Building Industry Association V. City Of San Jose (S212072), Tim Iglesias, David Rusk, Jan Breidenbach, Nico Calavita, Steven Menendian, john a. powell, Ofurhe Arnica Igbinedion, Samir Gambhir, Eli Moore 2014 University of San Francisco

Amicus Brief On Behalf Of The Leo T. Mccarthy Center For Public Service And The Common Good And 44 Housing Scholars To California Supreme Court In California Building Industry Association V. City Of San Jose (S212072), Tim Iglesias, David Rusk, Jan Breidenbach, Nico Calavita, Steven Menendian, John A. Powell, Ofurhe Arnica Igbinedion, Samir Gambhir, Eli Moore

Tim Iglesias

The briefs of other parties in the litigation emphasized inclusionary zoning’s goal of increasing the supply of affordable housing. This brief focuses on inclusionary zoning’s goal of promoting social inclusion and integration by locating affordable housing in the right location. The brief explains how economic and racial segregation deny equality of opportunity to low and moderate income families because segregation limits their potential for economic and social mobility by restricting access to the primary means of mobility, e.g. employment and education. Drawing from a wide array of empirical and other studies the brief demonstrates how inclusionary zoning ...


Defining “Family” For Zoning: Contemporary Policy Challenges, Legal Limits And Options, Tim Iglesias 2014 University of San Francisco

Defining “Family” For Zoning: Contemporary Policy Challenges, Legal Limits And Options, Tim Iglesias

Tim Iglesias

Single family zones are ubiquitous, diversely-defined and both popular and controversial. Much of the controversy stems from who is excluded from living in these zones by the definition of “family.” After reviewing single family zones, policy rationales for them, and the basic types of definitions of family, this article surveys contemporary policy challenges and legal limits to definitions of “family.” Recognizing localities’ diverse contexts, the article articulates how localities can reassess their definitions and identifies relevant considerations.


New York Residential Landlord-Tenant Law And Procedure—2013-2014 (6th Ed. 2014), Gerald Lebovits 2014 SelectedWorks

New York Residential Landlord-Tenant Law And Procedure—2013-2014 (6th Ed. 2014), Gerald Lebovits

Gerald Lebovits

No abstract provided.


Guilty Of Homelessness: Evaluating The Criminalization Of Homelessness Through A Human Rights Framework, Cristina M. Semi 2014 Hamline University

Guilty Of Homelessness: Evaluating The Criminalization Of Homelessness Through A Human Rights Framework, Cristina M. Semi

Departmental Honors Projects

Several international treaties and declarations affirm adequate housing as a fundamental human right. However, the United States, while a signatory to several of these agreements, does not recognize this right. Homelessness violates the right to housing. Moreover, homelessness often subjects individuals to additional rights violations. These additional violations often occur because governments criminalize homelessness.

Public order laws that criminalize basic life-sustaining behaviors, such as sitting, lying, and sleeping in public spaces, violate several constitutional rights when applied to unsheltered individuals experiencing homelessness. Devoid of any accommodation aside from the public streets, such individuals must necessarily perform the prohibited conduct in ...


Opening Doors: Preventing Youth Homelessness Through Housing And Education Collaboration, Courtney Lauren Anderson 2013 Seattle University School of Law

Opening Doors: Preventing Youth Homelessness Through Housing And Education Collaboration, Courtney Lauren Anderson

Seattle Journal for Social Justice

No abstract provided.


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