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Articles 1 - 3 of 3
Full-Text Articles in Law
The Foreclosure Crisis And The Anti-Fragmentation Principle In State Property Law, David A. Dana
The Foreclosure Crisis And The Anti-Fragmentation Principle In State Property Law, David A. Dana
Faculty Working Papers
Secured credit in homes has been divided and over-divided and spun into so many separate interests that economically rational, socially beneficial modifications of loans are impossible. The mortgage story is a new one but the excessive fragmentation of property and the creation of waste and inefficiency is not new. And our legal tradition of state property law has an answer, in the form of an anti-fragmentation principle. Consistent with this principle, federal government trustees should be authorized to review mortgages and, where modification would yield greater total return than foreclosure, modify the loans. Blind trustee review, moreover, can be achieved …
Presentation: Vpr Ordinances, Benton C. Martin
The Meaning And Nature Of Property: Homeownership And Shared Equity In The Context Of Poverty, Michael R. Diamond
The Meaning And Nature Of Property: Homeownership And Shared Equity In The Context Of Poverty, Michael R. Diamond
Georgetown Law Faculty Publications and Other Works
While a Blackstonian view of property envisaged a “despotic dominion” of an owner over a thing, property has never been so absolute. In fact, as I argue in this paper, the nature of property has been culturally constructed and property means different thinks across cultures and even over time within the same culture. The question of the nature of property was highlighted for me when a student questioned whether equity limitations placed on homes purchased by low income buyers using subsidized public financing created a “second class” form of homeownership. In attempting to answer this question, I examined the ideas …