Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Mixed Messages On Mortgage Foreclosures, Roger Bernhardt
Mixed Messages On Mortgage Foreclosures, Roger Bernhardt
Publications
A review of recent California decisions involving challenges to mortgage foreclosures.
Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White
Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White
Publications
No abstract provided.
Underwater And Not Walking Away: Shame, Fear, And The Social Management Of The Housing Crisis, Brent T. White
Underwater And Not Walking Away: Shame, Fear, And The Social Management Of The Housing Crisis, Brent T. White
Publications
No abstract provided.
Bad Timing For Deeds In Lieu, Roger Bernhardt
Bad Timing For Deeds In Lieu, Roger Bernhardt
Publications
This article discusses the right of redemption and the rule against clogging and why a deed in lieu that is given after the mortgage has already been executed may be enforceable notwithstanding that one given at the same time as the mortgage is not.
Hiding A Mortgage Too Well, Roger Bernhardt
Hiding A Mortgage Too Well, Roger Bernhardt
Publications
This article considers the California case Garcia v. Roberts, showing that a sale and leaseback can actually be a mortgage, with the twist that if title to the property goes directly to the lender from a third party seller, rather than from the borrower, the mortgage is one of purchase money rather than refinance.
Statutory Equitable Subrogation, Roger Bernhardt
Statutory Equitable Subrogation, Roger Bernhardt
Publications
This article discusses a Wyoming Supreme Court case which refused to accept the Restatement’s position that equitable subrogation ought to be available to refinancers even though they know or have constructive notice of intervening other creditors.