Banking and Finance Law Commons^™

Making Something Out Of Nothing: The Law Of Takings And Phillips V. Washington Legal Foundation, Michael A. Heller, James E. Krier

Faculty Scholarship

Phillips v. Washington Legal Foundation held that interest on principal amounts deposited into IOLTA accounts is the property of the various clients who handed over the money but expressed no view as to whether the Texas IOLTA program worked a taking, or, if it did, whether any compensation was due. The debates among the justices about the meaning of private property, argued in terms of contextual and conceptual severance, are unlikely to prove fruitful. We elaborate a better approach in terms of the underlying purposes of just compensation. We conclude that efficiency and justice are best served by uncoupling matters …

Street Smarts For Real Estate Lawyers: Conducting Successful Residential Real Estate Transactions, Oregon Law Institute, Pat G. Kaplan, Andrea L. Bushnell, Phillip C. Querin, Karen Estrada, Malcolm H. Scott, Topp J. Williams, Michael J. Scott, Alan L. Mitchell, Alan K. Brickley, Joan P. Snyder

Oregon Law Institute, 1998

Course Materials from the June 4, 1998 Program in Portland

Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, Debra Pogrund Stark

University of Michigan Journal of Law Reform

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. …

Tenancy By The Entirety: The Strange Career Of The Common-Law Marital Estate, John V. Orth

BYU Law Review

No abstract provided.

Environmental Law: The Impact On Businesses, Property Owners, And Lenders, Oregon Law Institute, Richard M. Glick, Ian K. Whitlock, Lawrence B. Burke, J. Mark Morford, Leslie A. Carlough, Christopher R. Hermann, Mark C. Rutzick

Oregon Law Institute, 1996

Course Materials from the November 8, 1996 Program in Portland

Constructing A New Theoretical Framework For Home Improvement Financing, Julia Patterson Forrester Rogers

Faculty Journal Articles and Book Chapters

In this Article, I advocate modification of the law governing home improvement financing. In section I, I discuss the prevalence of home improvement scams, the dual system of home improvement financing available to affluent and poor homeowners, and the social cost of home improvement scams. Despite attempts by lawmakers to protect homeowners from unscrupulous home improvement contractors and lenders, home improvement scams remain a significant consumer problem. Most victims of such scams are poor, minority, and elderly homeowners. These homeowners obtain home improvements and home improvement financing through a system with tremendous potential for abuse. In this system, contractors and …

An Overview Of Fair Lending Legislation, 28 J. Marshall L. Rev. 333 (1995), Deanna Caldwell

UIC Law Review

No abstract provided.

Fair Lending Conference: Home Mortgage Disclosure Act Report, 28 J. Marshall L. Rev. 343 (1995), Allen Fishbein

UIC Law Review

No abstract provided.

Reviewing Loan Files For Evidence Of Discrimination, 28 J. Marshall L. Rev. 351 (1995), Zina Gefter Greene

UIC Law Review

No abstract provided.

Investigating Claims Of Discrimination In Housing Finance, 28 J. Marshall L. Rev. 371 (1995), Stephen M. Dane

UIC Law Review

No abstract provided.

Credit Reports And The Fair Credit Reporting Act, 28 J. Marshall L. Rev. 365 (1995), Roland C. Claiborne

UIC Law Review

No abstract provided.

The Value Of Public-Notice Filing Under Uniform Commercial Code Article 9: A Comparison With The German Legal System Of Securities In Personal Property, Jens Hausmann

LLM Theses and Essays

In contrast to the public-notice filing system under U.C.C. Article 9, the modern German law of securities in personal property lacks publicity of security interests. The German courts have developed a mesh of priority rules exhaustively described in this analysis. Despite the costs and risks arising under the formal filing system, the U.C.C. accomplishes a preferable balance of interests involved in secured transactions. It assures certainty to creditors about the priority of security interests in particular assets, whereas the German law comprehensively recognizes the debtor’s interest in the secrecy of the transaction and the need for external capital. Regarding the …

The Future Of Fair Housing Litigation, 26 J. Marshall L. Rev. 745 (1993), Robert G. Schwemm

UIC Law Review

No abstract provided.

A Uniform And More Rational Approach To Rents As Security For The Mortgage Loan, Julia Patterson Forrester Rogers

Faculty Journal Articles and Book Chapters

In this Article the author provides an introduction to the problems associated with assignments of rents by discussing the nature of rents and their treatment in the absence of an assignment. Next, the author will examine in detail the issues arising with regard to assignments of rents under current law both in and outside of the bankruptcy context. Finally, the author will discuss the proposal that rents be integrated into Article 9 of the UCC.

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

UIC Law Open Access Faculty Scholarship

No abstract provided.

The New Illinois Mortgage Foreclosure Law And Installment Sales Contracts, Victor Grimm

Loyola University Chicago Law Journal

No abstract provided.

Conflicts Between The West Virginia Landlord's Lien And Article Nine Of The Uniform Commercial Code, Nicholas L. Divita

West Virginia Law Review

No abstract provided.

Book Received, Law Library Staff

Vanderbilt Journal of Transnational Law

Books Received

Aspects of the International Banking Safety Net

By G.G. Johnson, with Richard K. Abrams

Washington, D.C.: International Monetary Fund, 1983. Pp. v, 36. $5.00

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The Soviet Viewpoint

By Georgi Arbatov and Willem Oltmans

New York: Dodd, Mead, 1983. Pp. xviii, 219. $13.95

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The Law of Corporate Groups: Procedural Problems in the Law of Parent and Subsidiary Corporations

By Phillip I. Blumberg

Boston and Toronto: Little, Brown and Company, 1983. Pp. xxxii, 527. $65.00

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Iraq & Iran: Roots of Conflict

By Tareq Y. Ismael

Syracuse: Syracuse University Press, 1982. Pp. xii, 226. $24.00 cloth; $12.95 paper …

Alternative Mortgage Instruments: Authorizing And Implementing Price Level Adjusted Mortgages, Joel J. Goldberg

University of Michigan Journal of Law Reform

Of the institutions authorized to make mortgage funds available, only federally-chartered and a small minority of state-chartered savings and loan associations are presently authorized to make PLAM loans. This is due, in part, to a variety of legal and underwriting problems that may outweigh the theoretical advantages of PLAM financing. This Note evaluates these legal and underwriting problems and proposes legal measures to accommodate PLAM financing. Part I discusses the development and advantages of the PLAM. Part II analyzes the legal and practical underwriting objections to PLAM financing, including interest regulations, tax ramifications, and commercial desirability. Part II also suggests …

The Due-On-Sale Mortgage Clause As A Method Of Reconciling The Competing Interests Of Lender And Borrower, Brenda D. Crocker

West Virginia Law Review

No abstract provided.

In Re Cheeseman: A Judicial Revision Of Virginia's Homestead Exemption Laws, Henry N. Ware Jr.

University of Richmond Law Review

The Bankruptcy Reform Act of 1978 was the first major revision of federal bankruptcy law in over forty years. An important goal of the Act is to provide the debtor with a "meaningful fresh start." To that end, the Bankruptcy Act provides liberalized allowances in amounts and types of property that a debtor may hold exempt from creditors in an insolvency proceeding. Under section 522 subsection (b) of the Act, however, a state is permitted to "opt out" of the federal exemption scheme and prescribe under its own law the exemptions a debtor may claim. Virginia is among those states …

Selected Problems In Wrap-Around Financing: Suggested Approaches To Due-On-Sale Clauses And Purchaser's Depreciable Basis, Sanford M. Guerin

University of Michigan Journal of Law Reform

This article will address two unresolved issues surrounding the WA transaction which result from the inherent flexibility available for negotiating financing terms in the absence of an institutional lender. Part I discusses the circumstances warranting exclusion of the WA loan from the purchaser's depreciable basis. Part II addresses whether, and when, a due-on-sale clause in the senior mortgage should negate the possibility of utilizing WA financing.

Construction Loan Advances And The Subordinated Purchase Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold

Articles & Chapters

No abstract provided.

A New Dilemma For Theft Institutions: Judicial Emasculation Of The Due-On-Sale Clause, 12 J. Marshall J. Prac. & Proc. 299 (1979), Robert Kratovil

UIC Law Review

No abstract provided.

Redlining Practices, Racial Resegregation, And Urban Decay: Neighborhood Housing Services As Viable Alternative, Marcia Duncan, Edwin T. Hood, James L. Neet

Faculty Works

No abstract provided.

Preferential Land Assessment In Virginia, Eric E. Adamson

University of Richmond Law Review

The post-World War II land boom has seen cities and many towns snake outward into the countryside, engulfing millions of acres of formerly open land and developing them into suburbs. Cities have expanded not merely in numbers of people; they have over the past several decades also swallowed up vast areas of heretofore rural and farm land as city dwellers have fled to the suburbs.

Some Antitrust Problems In Government Insured/Guaranteed Mortgage Lending, Richard Arlen Saliterman

Buffalo Law Review

No abstract provided.

Home Financing At The Crossroads - A Study Of The Federal Home Loan Mortgage Corporation, Richard W. Bartke

Indiana Law Journal

No abstract provided.

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

The Definition Of "Domestic Building And Loan Association"--Final Tax Regulations, Paul E. Goodspeed

Michigan Law Review

It will be the purpose of this discussion to examine the newly adopted regulations and to evaluate their effects in the light of congressional intent regarding the statutory definition. Special emphasis will be placed on the quantitative tests established in the regulations, with respect to which two changes will be proposed.