The Home Mortgage Foreclosure Crisis: Lessons Learned,
2014
Selected Works
The Home Mortgage Foreclosure Crisis: Lessons Learned
Patricia A. McCoy
Presentation of book chapter which explores the lessons learned from the nation's home mortgage loss mitigation initiatives.
The Home Mortgage Meltdown: Some Relief For Borrowers,
2014
Georgia State University College of Law
The Home Mortgage Meltdown: Some Relief For Borrowers, Jack F. Williams
Jack F. Williams
No abstract provided.
Punitive Injunctions,
2014
Selected Works
Re-Establishment Of Bankruptcy Review Of Oppressive Foreclosure Sales: The Interaction Of Avoidance Powers As Applied To Creditors Bid-Ins,
2014
Georgia State University College of Law
Re-Establishment Of Bankruptcy Review Of Oppressive Foreclosure Sales: The Interaction Of Avoidance Powers As Applied To Creditors Bid-Ins, Basil Mattingly
Basil H. Mattingly
No abstract provided.
How Are Local Governments Responding To Student Rental Problems In University Towns In The United States, Canada, And England?,
2014
University of Georgia School of Law
How Are Local Governments Responding To Student Rental Problems In University Towns In The United States, Canada, And England?, Jack S. Frierson
Georgia Journal of International & Comparative Law
No abstract provided.
American Dream In Flux: The Endangered Right To Lease A Home,
2014
University of Missouri School of Law
American Dream In Flux: The Endangered Right To Lease A Home, Andrea Boyack
Faculty Publications
Homeownership in the US is on the decline and the percentage of the population that rents their residence is growing. Renters present a distinct demographic compared to owners, and most of the more vulnerable segments of society rent their homes. But the law prohibits renting a home in some neighborhoods. Occasionally, zoning provisions hamper the ability of would-be tenants and would-be landlords to rent. More typically, however, community restrictive covenants are what block rentals. Zoning prohibitions on rentals have been attacked as violations of property rights. But in condominiums and other privately governed neighborhoods, segregation of renters from owner occupants …
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation,
2014
Pepperdine University
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp
Pepperdine Dispute Resolution Law Journal
The article focuses on the laws made for regulating the party's participation in preserving the principles of mediation for the resolution of disputes related to the foreclosure crisis. Topics discussed include the impact of the foreclosure crisis on the housing and domestic markets, the impact of foreclosures on the sales and price value of the houses and the impact of the foreclosure crisis on the economic conditions of the local communities.
Dwelling Together: Using Cooperative Housing To Abate The Affordable Housing Shortage In Canada And The United States,
2014
University of Georgia School of Law
Dwelling Together: Using Cooperative Housing To Abate The Affordable Housing Shortage In Canada And The United States, Jennifer Cohoon Mcscotts
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain,
2014
University of Delaware
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
Georgia Journal of International & Comparative Law
No abstract provided.
Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies,
2014
Notre Dame Law School
Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr.
Journal Articles
This essay, prepared for and published by the Center for Community Progress, a national, non-profit intermediary dedicated to developing effective, sustainable solutions to turn vacant, abandoned and problem properties into vibrant places, examines the legal and normative implications of local governments' use of neighborhood real estate market data to strategically focus vacant property remediation tools. I and other writers, such as Frank Alexander, Alan Mallach and Joseph Schilling, have argued for the importance of understanding the economic feasibility of market-based rehabilitation of derelict, vacant houses in making decisions as to how and when to use a variety of code enforcement, …
Encouraging Cooperation: Harmonizing The Battle Of Association And Mortgagee Lien Priority In America’S Common Interest Communities,
2014
Emory University
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 in the …
Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58,
2014
Nevada Law Journal
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,
2014
Albany Law School
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.e., …
Sharing The Wealth,
2014
University of Notre Dame
Sharing The Wealth, James J. Kelly Jr.
James J. Kelly Jr.
This review of the textbook, "Community Economic Development Law" (Aspen 2013), written by Susan Bennett, Brenda Bratton Blom, Louise Howells and Deborah Kenn, appeared in the Vol. 22, No.1 issue of the Journal of Affordable Housing and Community Economic Development Law.
"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation,
2014
Selected Works
"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation, James J. Kelly Jr.
James J. Kelly Jr.
No abstract provided.
Inclusionary Housing On A Global Basis,
2014
University of Notre Dame
Inclusionary Housing On A Global Basis, James Kelly
James J. Kelly Jr.
This is a book review of Inclusionary Housing in International Perspective: Affordable Housing, Social Inclusion, and Land Value Recapture (2010, Nico Calavita and Alan Mallach, eds.). The book offers a comparative look at land-use based approaches to the creation of affordable housing in a broad range of developed countries. A little less than a sixth of the book is dedicated to the U.S., with special attention given to the development on inclusionary programs in California and New Jersey. The editors then devote a chapter each to Canada, England, Ireland, France, Spain and Italy. The penultimate chapter looks at inclusionary practices …
Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices,
2014
Notre Dame Law School
Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices, James J. Kelly
James J. Kelly Jr.
Covenants and ground leases have been, and continue to be, used to create shared spaces that are fundamentally, and often invidiously, exclusive. Famously made a dead letter in the case of Shelley v. Kraemer, covenants banning resale to nonwhite households put the force of law behind the segregated birth of America’s suburbs. Today, gated residential communities and shopping malls assure a degree of class exclusivity through covenants and commercial ground leases, respectively. These same legal mechanisms, however, are now deployed to assure long-term inclusion as well. Developers of affordable housing are creating homes that are not only beneficial to the …
The Threat To Interest-Free Home Financing: The Problem Of State Governments' Prohibition Of Islamic-Compliant Financing Agreements,
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
A Layperson's Guide To Fair Housing Law (2014),
2014
John Marshall Law School
A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel, John Marshall Law School Fair Housing Legal Support Center
UIC Law White Papers
Housing discrimination can take many forms. Laws have been passed at the federal, state, and local levels to prohibit housing discrimination, and attorneys and many fair housing groups are working to eradicate the problem. But the solution to the fair housing problem will not come solely through the work of attorneys and fair housing agencies and organizations; it will also have to come from an educated public that is unwilling to tolerate the cost of housing discrimination. Housing discrimination affects every individual in the United States. Realtors and brokers, bankers and mortgage lenders, insurance companies and developers, real estate buyers …
Discriminatory Maintenance Of Reo Properties As A Violation Of The Federal Fair Housing Act,
2014
City University of New York (CUNY)
Discriminatory Maintenance Of Reo Properties As A Violation Of The Federal Fair Housing Act, Stephen M. Dane, Tara Ramchandani, Anne P. Bellows
City University of New York Law Review
No abstract provided.
