Property Law and Real Estate Commons^™

Consumer Protection Initiatives In The Eu Mortgage Market: A Behavioral Economics Based Critique And Proposal, 25 Temp. Int'l & Comp. L.J. 1 (2011), Debra Pogrund Stark, Jessica M. Choplin

Debra Pogrund Stark

No abstract provided.

New Developments In Enforcing Prepayment Charges After Acceleration Of A Mortgage Loan, 26 Real Prop. Prob. & Tr. J. 213 (1991), Debra Stark

Debra Pogrund Stark

No abstract provided.

Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, 30 U. Mich. J.L. Reform 639 (1997), Debra Pogrund Stark

Debra Pogrund Stark

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. …

Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun Mcdonnell

Debra Pogrund Stark

This article analyzes the factors that affect the effectiveness of the current rules and counseling protocol in enabling seniors to make well-informed decisions on whether to enter into a proposed reverse mortgage in light of the cognitive barriers that consumers in general, and seniors in particular, face. The article then proposes further changes to these rules and the counseling protocol to better enable seniors to determine whether entering into reverse mortgages is in their best interest in light of their specific financial situations and goals. Section I provides an overview of the current status of the law relating to reverse …

Foreclosing On The American Dream: An Evaluation Of State And Federal Foreclosure Laws, 51 Okla. L. Rev. 229 (1998), Debra Pogrund Stark

Debra Pogrund Stark

No abstract provided.

Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery

Debra Pogrund Stark

While many courts refuse to strike down these clauses under the unconscionability test, this Article argues that the results from the Remedies Experiment should lead courts to adopt a different set of tests for ruling on the enforceability of limitation-of-remedy clauses in home purchase contracts. Part I of this Article highlights the relevant results from two empirical studies Professor Stark conducted regarding major problems with the fairness of purchase agreement forms used by residential real estate developers in Illinois. Part I also discusses the lack of home purchaser understanding of key relevant laws and legal documents examined in an empirical …

Enforcing Prepayment Charges: Case Law And Drafting Suggestions, 22 Real Prop. Prob. & Tr. J. 549 (1987), Debra Stark

Debra Pogrund Stark

No abstract provided.

Become A Hero To A Family In Need - Predatory Lenders Beware, 18 Prob. & Prop. 9 (2004), Debra Stark

Debra Pogrund Stark

No abstract provided.

Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures To Enable Shrewd Consumer Decision-Making, 27 Loy. Consumer L. Rev. 95 (2014), Debra Pogrund Stark, Jessica M. Choplin, Mark A. Leboeuf, Andrew Pizor

Debra Pogrund Stark

In Section I, we summarize and analyze the Dodd-Frank laws that were enacted to regulate home loan terms and the key changes made to the home loan disclosure rules and forms, critiquing in particular the changes made to the APR component of the new CFPB disclosure form. In Section II, we detail and report on the methods and results from two APR Experiments we conducted (one using eyetracking technology to see which areas of the disclosure form participants were looking at and for how long); we also report on the low level of financial literacy of the participants reflected in …

Teacher's Manual For Property Law: Cases, Materials, And Problems, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

Real Estate Law And Practice Symposium: Foreword, 43 J. Marshall L. Rev. Iii (2010), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.

Foreword, 31 J. Marshall L. Rev. 299 (1998), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.

Reverse Mortgages: A Financial Planning Device For The Elderly, 1 Elder L.J. 75 (1993), Celeste M. Hammond

Celeste M. Hammond

An analysis of the merits of reverse mortgages from individual and public policy perspectives is the subject of Professor Hammond's article. She argues that the elderly's typical "house rich, but cash poor" problem warrants approval of a method which allows the elderly to tap their home equity for income purposes while allowing them to remain in their homes. Professor Hammond analyzes other means for tapping equity and finds each lacking in its ability to accomplish the stated goal. She also describes the three types of reverse mortgages currently available. Finally, Professor Hammond sets forth a list of legal issues that …

The Evolving Role For Transactional Attorneys Responding To Client Needs In Adapting To Climate Change, 47 J. Marshall L. Rev. 543 (2013), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.

Book Reviews, 22 J. Marshall L. Rev. 781 (1989), Celeste M. Hammond, Elmer Gertz

Celeste M. Hammond

No abstract provided.

Foreword: 40th Anniversary Of The Quiet Revolution In Zoning And Land Use Regulation, 45 J. Marshall L. Rev. Iii (2012), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.

Foreword: Real Estate Law And Practice Symposium Issue Of The John Marshall Law Review, 40 J. Marshall L. Rev. Xix (2007), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.

Survey Of Illinois Law: Real Estate Finance, 16 S. Ill. U. L.J. 999 (1992), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.

The Global Subprime Crisis As Explained By The Contrast Between American Contracts Law And Civil Law Countries' Laws, Practices And Expectations In Real Estate Transactions: How The Lack Of Informed Consent And The Absence Of The Civil Law Notary In The United States Contribute To The Global Crisis In Subprime Mortgage Investments, 11 J. Int'l Bus. & L. 133 (2012), Celeste M. Hammond, Ilaria Landini

Celeste M. Hammond

No abstract provided.

Heir Property In The African American Community: From Promised Lands To Problem Lands, Roy W. Copeland

Professional Agricultural Workers Journal

Abstract

African American landowners have been reluctant to take advantage of intergenerational succession laws which provide for an orderly transfer of property from one generation to the next. This reluctance has led to a prevalence of heir property. Heir property is created when a person dies intestate. Heir property has created an impediment to wealth accumulation and has contributed to African American land loss in America. Partition actions are a byproduct of heir property which has operated to accelerate the loss of real property in the African American community. The Uniform Partition of Heir Property Act provides for procedural safeguards …