Property Law and Real Estate Commons^™

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

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 …

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 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.

The Corporate Mortgage Under Article 9 Of The Uniform Commercial Code And The New York Solution, George C. Coggins

Michigan Law Review

A corporate mortgage has been defined as "an indenture intended to convey property, real and personal, tangible and intangible, to a trustee for bondholders, as security for the bonds issued and to be issued thereunder" by a corporation. This financing device, utilized by many large corporate organizations, has grown to be of paramount importance in the field of corporate financing, and the lack of attention given by the Code to the long-term debts of corporations has raised serious questions of filing procedures. Discussion of the novel treatment accorded by New York to the problem of perfecting security interests in corporate …

Uniform Commercial Code Article 9 Filing Procedures For Railroad, Utility, And Other Corporate Debtors: Some Suggestions, Daniel R. Elliott Jr.

Michigan Law Review

After a brief discussion of the provisions of Article 9 peculiarly applicable to the long-term mortgage, a portion of this comment will review the relevant statutes and case authority in force prior to the effective date of the Code in various states and still applicable in others. More specifically, it will examine the special treatment accorded certain types of corporate indentures, particularly those securing the debt of railroads and other public utilities. Second, an attempt will be made to explain the probable solutions to the problems raised by the filing requirements of Article 9 as promulgated in each jurisdiction and …

Effect Of Joint Accounts With Right Of Survivorship In Washington, Virginia B. Lyness

Washington Law Review

The recent passage in Washington of Initiative No. 208 providing for creation of joint tenancies in real and personal property provides the occasion for a reconsideration of the current status of the statutory and case law in Washington relating to the effect given to "joint tenancy" accounts with right of survivorship. Such an account typically takes the form of a deposit opened in the name of the depositor and another, payable to either or to the survivor. Does such an account, by virtue of present statutes, in fact create a joint tenancy with all its incidents as known to the …

Mortgage Theory Of Ohio, James Jay Brown

Cleveland State Law Review

It will be the function of this paper to explore the theory of the real estate mortgage as it is being used in the confused state of Ohio. The theories will be identified and defined. From this academic introduction, practical uses of the theories will be suggested. This will be followed by an analysis of Ohio case decisions since 1929. The conclusion of this analysis will be a determination of whether the state has been consistent in its reasoning and theory.

Joint Control By The Surety: A Virginia Statute And Its Common Law Ancestry, D. Orville Lahy

University of Richmond Law Review

It happened in Texas, but it could just as well have been Virginia. At the June 1934 term of the County Court of Anderson County, Texas, there was offered for probate the holographic will of Herman Oberweiss. The testator and his several brothers had settled in Texas after emigrating from their native Germany, and without benefit of much education Herman Oberweiss had been able to accumulate considerable wealth during his lifetime.

Mortgage Investments And The Usury Problem, Gordon M. Harrell

Cleveland State Law Review

A continuous and steady expansion of residential dwelling is desirable from both a sociological and economic standpoint. Continuing support is required from risk capital willing to invest throughout the United States. This necessarily means that, if funds are to be drawn from areas of financial plenty to areas experiencing a financial drought, the investor will often not be a party to the original loan transaction, but will be a transferee of a local mortgage lender. We will consider those situations which are most often the foundation for an allegation of usury by the borrower-where there is a substantiated charge of …

Ley 245 Ventas A Plazos. Ley 218 Solares Yernos, República De Cuba. Senado

Mario Diaz Cruz Pamphlets

Ley 245 Ventas a Plazos. Gaceta Oficial de abril 16 de 1959.

Ley 218 Solares Yernos. Gaceta Oficial de abril 13 de 1959.

Textos integros.

Bills And Notes - Holder In Due Course - Notice Of Infirmity In Instrument To Finance Company Closely Connected To Dealer, William G. Cloon, Jr. S.Ed.

Michigan Law Review

The defendant purchased a car from a dealer who represented it to be a new demonstrator. In fact, the car was a used one. The defendant executed a negotiable note for the balance of the purchase price and a chattel mortgage on forms which were furnished the dealer by the plaintiff finance company. The dealer handled the paper, but the plaintiff was to finance the sale and the note was payable at the office of the plaintiff. Both the bill of sale and the chattel mortgage described the car as a new demonstrator. The note was indorsed in blank by …

Statutory Redemption: The Enemy Of Home Financing, Ernest M. Murray

Washington Law Review

Although much has been written criticizing the statutory right of redemption from real estate foreclosures, it still exists in Washington and a majority of the United States. The basic reason for its continued existence is the strong trend throughout modern timnes to give greater protection to the "oppressed debtor." The history of the moratoria legislation of the last depression is the strongest evidence of the sympathy for the debtor class, and the statutory right of redemption comprises not only a large part of the trend, but it is the place where the policy of favoring the mortgage debtor has reached …