Will The Current Economic Crisis Fuel A Return To Racial Policies That Deny Homeownership Opportunity And Wealth?, 2010 American University Washington College of Law
Will The Current Economic Crisis Fuel A Return To Racial Policies That Deny Homeownership Opportunity And Wealth?, Marcia Johnson
The Modern American
No abstract provided.
Problems In Mortgage Servicing From Modification To Foreclosure: Hearing Before The S. Comm. On Banking, Housing, & Urban Affairs, 111th Cong., Nov. 16, 2010 (Statement Of Associate Professor Adam J. Levitin, Geo. U. L. Center), 2010 Georgetown University Law Center
Problems In Mortgage Servicing From Modification To Foreclosure: Hearing Before The S. Comm. On Banking, Housing, & Urban Affairs, 111th Cong., Nov. 16, 2010 (Statement Of Associate Professor Adam J. Levitin, Geo. U. L. Center), Adam J. Levitin
Testimony Before Congress
The mortgage foreclosure process is beset by a variety of problems. These range from procedural defects (including, but not limited to robosigning) to outright counterfeiting of documents to questions about the validity of private-label mortgage securitizations that could mean that these mortgage-backed securities are not actually backed by any mortgages whatsoever. While the extent of these problems is unknown at present, the evidence is mounting that it is not limited to one-off cases, but that there may be pervasive defects throughout the foreclosure and securitization processes.
The problems in the mortgage market are highly technical, but they are extremely serious. …
Robo-Signing, Chain Of Title, Loss Mitigation, And Other Issues In Mortgage Servicing: Hearing Before The Subcomm. On Hous. And Cmty. Opportunity Of The H. Fin. Serv. Comm., 111th Cong., Nov. 18, 2010 (Statement Of Associate Professor Adam J. Levitin, Geo. U. L. Center), 2010 Georgetown University Law Center
Robo-Signing, Chain Of Title, Loss Mitigation, And Other Issues In Mortgage Servicing: Hearing Before The Subcomm. On Hous. And Cmty. Opportunity Of The H. Fin. Serv. Comm., 111th Cong., Nov. 18, 2010 (Statement Of Associate Professor Adam J. Levitin, Geo. U. L. Center), Adam J. Levitin
Testimony Before Congress
The US is now in its forth year of a mortgage crisis in which over 3 million families have lost their homes and another 2.5 million are currently scheduled to lose theirs. Repeated government loan modification or refinancing initiatives have failed miserably. To this sad state of affairs, there now come a variety of additional problems: faulty foreclosures due to irregularities ranging from procedural defects (including, but not limited to robosigning) to outright counterfeiting of documents; predatory servicing practices that precipitate borrower defaults and then overcharge for foreclosure services that are ultimately paid for by investors; and questions about the …
Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, 2010 New York Law School
Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, Richard D. Marsico
Articles & Chapters
This article examines the history of the Home Mortgage Disclosure Act (HMDA) and makes proposals for improving it to help prevent another economic crisis. Passed in 1975, HMDA requires most lenders to disclose information about their home mortgage loans, including the number of home mortgage applications it received; the purpose of each application; the type of loan; the decision on the application; the race, gender, and income of the loan applicant/borrower; the location of the loan and the median income and racial composition of the neighborhood; and the interest rate on the loan. HMDA was originally conceived of as a …
Green Cards For Foreign House Buyers: A Way To Help Stabilize Housing Prices, 2010 Southern Methodist University, Dedman School of Law
Green Cards For Foreign House Buyers: A Way To Help Stabilize Housing Prices, Gregory S. Crespi
Faculty Journal Articles and Book Chapters
The continuing decline in US housing prices is making it difficult to effectively address our nation’s financial and economic problems. Any measures that would serve to help stabilize housing prices without requiring substantial government expenditures merit serious consideration. Richard Lefrak and Gary Shilling have recently set forth in the Wall Street Journal the broad outlines of a proposed change in immigration law that would confer conditional residency and eventually permanent residency upon foreign purchasers of US houses. In this article I present and discuss a modified version of their proposal that is more comprehensive and that seeks to avoid the …
Following Industry's Leed : Municipal Adoption Of Private Green Building Standards, 2010 University of Maine School of Law
Following Industry's Leed : Municipal Adoption Of Private Green Building Standards, Sarah B. Schindler
Faculty Publications
Local governments are beginning to require new, privately constructed and funded buildings to be “green” buildings. Instead of creating their own, locally-derived definitions of green buildings, many municipalities are adopting an existing private standard created by members of the building industry: LEED (Leadership in Energy and Environmental Design). This Article explains and assesses the privately promulgated LEED standards. It argues that the translation of LEED standards, which were intended to be voluntary, into law raises several theoretical and practical problems. Specifically, private green building ordinances that rely on LEED do not ensure a reduction in the negative local environmental impacts …
Transparency In Lending In The United States And The United Kingdom: Which Business Model Does It Best, 2010 Northwestern Pritzker School of Law
Transparency In Lending In The United States And The United Kingdom: Which Business Model Does It Best, Mara Hart
Northwestern Journal of International Law & Business
The recent downturn of the global economy, spurred in large part by an unparalleled housing crisis and credit crunch in the United States and abroad, cannot be practicably understood or explained by an examination of isolated factors. Although the impact of the economic downturn has been felt globally, many blame the meltdown of the U.S. subprime mortgage market for their individual country's woes. Therefore, the mortgage regulatory scheme in the United States, in terms of lending practices and housing policies, is an important place to begin an inquiry into the origins of the global crisis. In order to better understand …
Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, 2010 University of Maryland Francis King Carey School of Law
Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian Gilmore
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Missouri's Public Defender Crisis: Shouldering The Burden Alone, 2010 University of Missouri - Kansas City, School of Law
Missouri's Public Defender Crisis: Shouldering The Burden Alone, Sean O'Brien
Faculty Works
No abstract provided.
Equal Protection And Aesthetic Zoning: A Possible Crack And A Preemptive Repair, 2010 University of Florida Levin College of Law
Equal Protection And Aesthetic Zoning: A Possible Crack And A Preemptive Repair, Dawn E. Jourdan, Louis G. Tassinary, Russ Parsons
UF Law Faculty Publications
In Village of Willowbrook v. Olech, the property owner alleged "the Village intentionally demanded a 33-foot easement as a condition of connecting her property to the municipal water supply where the Village required only a 15-foot easement from other similarly situated property owners." The complaint further described the village's demand as "irrational and wholly arbitrary." According to the Seventh Circuit, the property owner could allege an equal protection violation by asserting the state's action was motivated solely by a "spiteful effort to 'get' him for reasons wholly unrelated to any legitimate state objective." On appeal, the Supreme Court agreed, …
Slums, Slumdogs, And Resistance, 2010 American University Washington College of Law
Slums, Slumdogs, And Resistance, Tayyab Mahmud
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Bringing Human Rights Home: The Dc Right To Housing Campaign, 2010 American University Washington College of Law
Bringing Human Rights Home: The Dc Right To Housing Campaign, Meetali Jain
Human Rights Brief
No abstract provided.
Privatopia In Distress: The Impact Of The Foreclosure Crisis On Homeowners’ Associations, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
Privatopia In Distress: The Impact Of The Foreclosure Crisis On Homeowners’ Associations, Casey Perkins
Nevada Law Journal
Part I of this Note provides an introduction to HOAs, the foreclosure crisis, and the resulting recession that currently threaten many associations' financial stability. Part I begins with a discussion of the rise of common interest communities in the United States, as well as basic association functions. Following this historical introduction is a discussion of the foreclosure crisis and an overview of the severity of this crisis in Nevada.
Part II introduces the problems faced by HOAs across the country because of the foreclosure crisis. These problems fall into two general categories, budget shortfalls and physical deterioration of abandoned properties. …
First Principles For And Effective Federal Housing Policy, 2010 Brooklyn Law School
First Principles For And Effective Federal Housing Policy, David Reiss
Faculty Scholarship
No abstract provided.
Landlords Of Last Resort: Should The Government Subsidize The Mortgages Of Privately-Owned, Small Multifamily Buildings?, 2010 Brooklyn Law School
Landlords Of Last Resort: Should The Government Subsidize The Mortgages Of Privately-Owned, Small Multifamily Buildings?, David Reiss
Faculty Scholarship
No abstract provided.
First Principles For An Effective Federal Housing Policy, 2009 Brooklyn Law School
First Principles For An Effective Federal Housing Policy, David J. Reiss
David J Reiss
Federal housing policy is heavily funded and made up of a morass of programs. This article provides a taxonomy of goals for housing policy. The article first asks what the aim of housing policy is. In other words, what can a well-designed and executed housing policy achieve? The answer to this question is not at all clear-cut. Some argue that the aim of housing policy is to allow all Americans to live in safe, well-maintained and affordable housing. Others argue for a more modest aim – achieving an income transfer to low- and moderate-income families that mandates that the income …
Evidentiary Issues In The New York City Housing Court, 2009 Columbia, Fordham & NYU Law Schools