Property Law and Real Estate Commons^™

Empathy's White Elephant: Responding To The Subprime Mortgage Crisis Without Denigrating The Poor, Adam J. Macleod

Faculty Articles

Empathy is the new coverture. Before state legislatures abolished it in the nineteenth century, the plea of coverture nullified any attempts by a married woman to exercise sovereignty over her property. Just as coverture did to married women, the now-well-known call for empathy in our nation's judgments threatens to deny poor borrowers, as a class, the freedom and responsibility to manage their assets. Empathy, as the ideal judge would employ it, would impede the agency of, and thus denigrate, persons within that class. The injustice (and ground for the ultimate abolition) of coverture arose from its failure to respect women …

The Constriction Of Rights: A Property Law Approach To City-Based Immigration Initiatives That Place Rental Bans On City Ballots., Margaret Mcentire

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Ending Surprise Liens On Real Property, Chad J. Pomeroy

Faculty Articles

Academics, lawmakers, and the general public have long believed that secret liens are problematic. In real property, these are liens that are not recorded in the real property filing system. Secret liens become especially problematic when they are enforced, despite their secrecy, against subsequent purchasers of the property. If the purchaser does not satisfy the lien by paying the underlying debt, the lien holder can foreclose on the property. One of the main purposes of having real property recording statutes was to avoid surprise liens (secret liens afforded priority over subsequent purchasers) and ensure that real estate purchasers and investors …

Antitrust Implications Of Municipal Land Use Planning, Victoria M. Mather

Faculty Articles

Congress enacted the Local Government Antitrust Act of 1984 in response to outcomes in many well-publicized cases and from widespread criticism of the state action doctrine as applied by the courts. The state action exemption as used by the courts today is riddled with analytical and practical problems. The Local Government Antitrust Act of 1984 shields municipal governments from monetary damage awards for violations of antitrust laws, but the act did not go far enough.

A few state legislatures have either considered or enacted statutes protecting municipalities from state or federal antitrust liability. However, preemption analysis is problematic because it …

Contracts As Commodities: Issues And Approaches In Regard To Commercial Real Estate Earnest Money And Option Contracts - A Texas Lawyer's Perspective., Bille J. Ellis Jr., Bennett I. Abramowitz

St. Mary's Law Journal

Abstract Forthcoming.

Perspectives On Urban Homestead Exemptions - Texas Amends Articles Xvi, Section 51 Symposium - Selected Topics On Land Use Law - Comment., Julie B. Schroeder

St. Mary's Law Journal

No abstract provided.

Introduction Symposium - Selected Topics On Land Use Law., Henry G. Cisneros

St. Mary's Law Journal

No abstract provided.

Home Rule Cities And Municipal Annexation In Texas: Recent Trends And Future Prospects Symposium - Selected Topics On Land Use Law., Robert R. Ashcroft, Barbara Kyle Balfour

St. Mary's Law Journal

No abstract provided.

Contract Language Stating No Warranties, Express Or Implied, Is Effective Disclaimer Of Implied Warranty Of Fitness And Habitability In Sale Of New House By Builder-Vendor Symposium - Selected Topics On Land Use Law - Case Note., Judy K. Lytle

St. Mary's Law Journal

No abstract provided.

Private Land Restrictions In Texas: A Need For Greater Legislative Control Symposium - Selected Topics On Land Use Law - Comment., Michael S. Goodrich

St. Mary's Law Journal

No abstract provided.

Title To Substances Determined To Be Minerals As A Matter Of Law Is Held By Owner Of The Mineral Estate., Harry Skeins

St. Mary's Law Journal

Abstract Forthcoming.

Coping With Texas Mechanics' Liens: A Lender's Guide To Priorities Symposium - Real Estate Finance - An Emphasis On Texas Law., Eldon L. Youngblood

St. Mary's Law Journal

Abstract Forthcoming.

Foreign Investment In U.S. Real Estate Symposium - Real Estate Finance - An Emphasis On Texas Law., Stephen P. Jarchow

St. Mary's Law Journal

Abstract Forthcoming.

Introduction Symposium - Real Estate Finance - An Emphasis On Texas Law - Introduction., James H. Wallenstein

St. Mary's Law Journal

Abstract Forthcoming.

Basics Of Real Estate Syndications Symposium - Real Estate Finance - An Emphasis On Texas Law., John C. Andrews

St. Mary's Law Journal

Abstract Forthcoming.

Equity Participation Arrangements Between Institutional Lenders And Real Estate Developers Symposium - Real Estate Finance - An Emphasis On Texas Law., J. Cary Barton, Robert E. Morrison

St. Mary's Law Journal

Abstract Forthcoming.

Ulta And Non-Judicial Mortgage Foreclosure In Texas., Patricia E. Rant

St. Mary's Law Journal

Much of the current law governing secured land transactions remains closely akin to common law practices of feudal England. Consequently, certain aspects of the law in this area are provincial, anachronistic, and ill-suited to the needs of the modern borrower and lender. Even a cursory examination of Texas mortgage foreclosure law demonstrates certain shortcomings of the existing system. The Uniform Land Transactions Act (ULTA) professes to simplify, modernize, and unify state laws relating to real estate transactions. ULTA expects to accomplish these various purposes through uniformity in foreclosure proceedings. ULTA suggests several distinct advantages not currently available under Texas law. …

Truth In Lending Simplification And Reform Act: Changes Affecting Disclosure Requirements In Home Mortgage Transactions., Susan C. Shank

St. Mary's Law Journal

Abstract Forthcoming.

Variable Rate Mortgages: Texas Savings &(And) Loan Associations Authorized To Offer Flexible Financing Alternatives., Scott R. Worthern

St. Mary's Law Journal

Abstract Forthcoming.

New Developments In Real Estate Financing Symposium - Real Estate Finance - An Emphasis On Texas Law., Jesse B. Heath Jr.

St. Mary's Law Journal

Abstract Forthcoming.

An Analysis Of The Texas Condominium Act: Maintenance And Operation Of A Condominium Project., Faye M. Bracey

St. Mary's Law Journal

Abstract Forthcoming.

Uslta: Marketable Record Title Act - A New Title Theory And Its Effect On Texas Law., Sue Ortman

St. Mary's Law Journal

Abstract Forthcoming.

The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter

St. Mary's Law Journal

The present constitutional definition of married women’s separate property serves to protect the wife’s property rights and to preserve the community property system in Texas. However, the policy reasons for the constitutional definition no longer apply, since there is no present danger of the legislature reducing the property rights of married women or abandoning the community property system. Further, the needs and customs of the people of Texas have changed since the adoption of the original Texas Constitution in 1845. Today, it is estimated that thirty percent of couples who marry in the United States eventually divorce and sixty percent …

The Rights Of An Illegitimate Child Post - Gomez V. Perez: A Legitimate Situation., Deborah J. Venezia

St. Mary's Law Journal

Throughout Texas history the legal status of illegitimacy has prevented an illegitimate child from enjoying the right of parental support guaranteed to a legitimate child. The United States Supreme Court’s decision in Gomez v. Perez rendered unconstitutional the denial of an illegitimate child’s right to parental support on the basis of his illegitimacy. In response to Gomez, the Texas Legislature enacted Chapter 13 of the Texas Family Code (TFC) which provides for voluntary legitimation of an illegitimate child by the father. Section 13.01 gave an illegitimate child, whose natural father did not voluntarily acknowledge paternity, procedure to establish the parent-child …

Community Property - Benefits Awarded Under The Railroad Retirement Act Are Not Community Property Subject To Division Upon Divorce., Paul Andrew Drummond

St. Mary's Law Journal

Abstract Forthcoming.

Professional Corporation May Have Valuable Goodwill, Apart From Person Of Individual Member, That Must Me Considered In Property Settlement On Divorce., Carey P. Locke

St. Mary's Law Journal

Abstract Forthcoming.

Land Use Planning - A Prerequisite To Effective Zoning., Robert M. Rogers

St. Mary's Law Journal

Abstract Forthcoming.

Land Use And Due Process - An Examination Of Current Federal And State Procedures., Curtis T. Vaughn Iii

St. Mary's Law Journal

Abstract Forthcoming.

Ex-Wife May Bring Garnishment Proceedings To Secure Her Share Of Ex-Husband's Military Retirement Pay Under The Federal Consent Statute., Howard E. Strackbein

St. Mary's Law Journal

Abstract Forthcoming.

Article 5236e - The Vanishing Panacea., Patrick K. Sheehan

St. Mary's Law Journal

Abstract Forthcoming.