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The Due-On-Sale Clause: A Marriage Gone Sour - A Checklist For The Practitioner, W. Wade Berryhill
The Due-On-Sale Clause: A Marriage Gone Sour - A Checklist For The Practitioner, W. Wade Berryhill
Law Faculty Publications
The purpose of this article is to identify and examine the influencing considerations and the attachment of significance given to them by the courts in the "due-on" cases. After a discussion of recent litigation addressing the enforceability of the "due-on" clauses in Virginia, a summarizing checklist will follow detailing the factors which must be considered by the practitioner preparing to draft or litigate the clause.
Property, E. F. Roberts
Property, E. F. Roberts
Cornell Law Faculty Publications
In the past, property exemplified law as an ordered set of rules, each axiom fitting nicely into an almost immovable intellectual mosaic of immense size. This obsolete rule grid still serves a purpose. It has been pressed into service as a vehicle to test aspirants for admission to the bar, now that even the bar examiners in this Republic have succumbed to using multiple choice questions susceptible to machine scoring. The irony is that this bar examination law does not mirror the real law, the common-law model having been destroyed by the entropy that typifies this fragile society. Order has …