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Full-Text Articles in Law
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Missouri Law Review
This article addresses current law governing mortgage satisfaction, the need for effective reform, and the extent to which URMSA provides (or fails to provide) that reform. Part II briefly describes the transformation of the modem mortgage transaction - from its traditional "local" character to the modem development of the "national" mortgage market - and the implications of this transformation for the way in which satisfaction of mortgages occurs. Part III discusses the current patchwork of state law mortgage satisfaction provisions, emphasizing how these provisions have not kept pace with the transformation of the mortgage market, how the lack of uniformity …
Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein
Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein
Missouri Law Review
This Article examines Chinese mortgage law as it actually operates in the field, focusing on both legal and business issues. During the summer of 2005, I interviewed dozens of Chinese and Western lawyers, bankers, real estate developers, government officials, judges, economists, real estate consultants, law professors, business professors, real estate agents, law students, and recent homebuyers. Their comments offer reliable insights into how China's real estate markets truly function. The discussion that follows draws on these conversations to examine China's budding mortgage law practices, including how they developed, how they comport with or differ from written laws, and what questions …
Lenders And Land, Ann M. Burkhart
Lenders And Land, Ann M. Burkhart
Missouri Law Review
Using land to secure loans has been a particularly durable human institution. Mortgages' have existed since antiquity,2 primarily because land generally retains its value and is permanent and immovable. In societies with largely nonmonetary economies, such as feudal England, land also has been particularly valued as a source of livelihood and of power. Therefore, land has been and continues to be desirable security for loans. To retain its utility throughout the centuries, the mortgage necessarily has evolved to reflect changing legal and economic conditions. As is to be expected, the modem American mortgage creates some very different rights and liabilities …