Catherine Lennon's Story: Lessons From Front Line Advocacy On The Human Right To Housing,
2015
Osgoode Hall Law School of York University
Catherine Lennon's Story: Lessons From Front Line Advocacy On The Human Right To Housing, Rob Robinson
Journal of Law and Social Policy
Discusses the United States housing crisis, where four and a half million families were foreclosed on between 2008 and 2013. Families who lacked universal or adequate health insurance, found the physical pain and suffering of a loved one was soon followed by the economic pain and suffering associated with the high costs of health care. The human reality of this suffering is reflected by the story of New York state resident Catherine Lennon. Ensuring the pay out to Bank of America was the law firm of Steven J. Baum, the notorious New York based foreclosure mill, which has since been …
Supreme Court, New York County, Robinson V. Finkel,
2014
Touro University Jacob D. Fuchsberg Law Center
Supreme Court, New York County, Robinson V. Finkel, Denise Shanley
Touro Law Review
No abstract provided.
How Are Local Governments Responding To Student Rental Problems In University Towns In The United States, Canada, And England?,
2014
University of Georgia School of Law
How Are Local Governments Responding To Student Rental Problems In University Towns In The United States, Canada, And England?, Jack S. Frierson
Georgia Journal of International & Comparative Law
No abstract provided.
American Dream In Flux: The Endangered Right To Lease A Home,
2014
University of Missouri School of Law
American Dream In Flux: The Endangered Right To Lease A Home, Andrea Boyack
Faculty Publications
Homeownership in the US is on the decline and the percentage of the population that rents their residence is growing. Renters present a distinct demographic compared to owners, and most of the more vulnerable segments of society rent their homes. But the law prohibits renting a home in some neighborhoods. Occasionally, zoning provisions hamper the ability of would-be tenants and would-be landlords to rent. More typically, however, community restrictive covenants are what block rentals. Zoning prohibitions on rentals have been attacked as violations of property rights. But in condominiums and other privately governed neighborhoods, segregation of renters from owner occupants …
What America Can Learn From Canada's Progressive Decision In Commercial General Liability Policy Coverage Litigation Over Construction Defects,
2014
Benjamin N. Cardozo School of Law
What America Can Learn From Canada's Progressive Decision In Commercial General Liability Policy Coverage Litigation Over Construction Defects, Qifu Li
Cardozo Journal of International and Comparative Law
The note advocates for a more consistent approach in the United States for determining Commercial General Liability (CGL) insurance coverage of construction defects, drawing inspiration from Canada's jurisprudence. It critiques the current jurisdictional split in the U.S., where some states cover such defects while others do not, and argues that adopting a uniform approach similar to Canada's three-step framework would reduce legal disputes and align policies with the reasonable expectations of insured parties.
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation,
2014
Pepperdine University
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp
Pepperdine Dispute Resolution Law Journal
The article focuses on the laws made for regulating the party's participation in preserving the principles of mediation for the resolution of disputes related to the foreclosure crisis. Topics discussed include the impact of the foreclosure crisis on the housing and domestic markets, the impact of foreclosures on the sales and price value of the houses and the impact of the foreclosure crisis on the economic conditions of the local communities.
Dwelling Together: Using Cooperative Housing To Abate The Affordable Housing Shortage In Canada And The United States,
2014
University of Georgia School of Law
Dwelling Together: Using Cooperative Housing To Abate The Affordable Housing Shortage In Canada And The United States, Jennifer Cohoon Mcscotts
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain,
2014
University of Delaware
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
Georgia Journal of International & Comparative Law
No abstract provided.
Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58,
2014
Nevada Law Journal
Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, Ryan Becklean
Nevada Supreme Court Summaries
The Court determined one issue: (1) the legal effect of a loan assignment from a homeowner’s original lender to a subsequent purchaser when that assignment violates the terms of the original lender and subsequent purchaser’s Pooling and Servicing Agreement (PSA). More specifically, the court decided whether a loan assignment that is executed after the closing date renders the assignment void and ineffective to transfer ownership of the homeowner’s loan.
The Threat To Interest-Free Home Financing: The Problem Of State Governments' Prohibition Of Islamic-Compliant Financing Agreements,
2014
Hamline University
The Threat To Interest-Free Home Financing: The Problem Of State Governments' Prohibition Of Islamic-Compliant Financing Agreements, Matt Anderson
Hamline Law Review
abstract
A Layperson's Guide To Fair Housing Law (2014),
2014
John Marshall Law School
A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel, John Marshall Law School Fair Housing Legal Support Center
Faculty White Papers
Housing discrimination can take many forms. Laws have been passed at the federal, state, and local levels to prohibit housing discrimination, and attorneys and many fair housing groups are working to eradicate the problem. But the solution to the fair housing problem will not come solely through the work of attorneys and fair housing agencies and organizations; it will also have to come from an educated public that is unwilling to tolerate the cost of housing discrimination. Housing discrimination affects every individual in the United States. Realtors and brokers, bankers and mortgage lenders, insurance companies and developers, real estate buyers …
Discriminatory Maintenance Of Reo Properties As A Violation Of The Federal Fair Housing Act,
2014
City University of New York (CUNY)
Discriminatory Maintenance Of Reo Properties As A Violation Of The Federal Fair Housing Act, Stephen M. Dane, Tara Ramchandani, Anne P. Bellows
City University of New York Law Review
No abstract provided.
A Home With Dignity: Domestic Violence And Property Rights,
2014
Brigham Young University Law School
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
BYU Law Review
This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its limited goals—achieving …
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?,
2014
Pepperdine University
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Pepperdine Law Review
No abstract provided.
Evaluating The Impact Of The Home Affordable Modification Program In Response To The Foreclosure Crisis: Why Real Estate Securitization Demands A New Approach,
2014
University of the District of Columbia School of Law
Evaluating The Impact Of The Home Affordable Modification Program In Response To The Foreclosure Crisis: Why Real Estate Securitization Demands A New Approach, John Kinney
University of the District of Columbia Law Review
This case presents an unfortunate, but all too common set of circumstances in the world today. Plaintiff is a homeowner in financial distress who seeks a loan modification from an unresponsive bank relying on an ineffectual federal program. This statement, by Magistrate Lois Bloom in Rivera v. Bank of America, best captures the utter frustration felt by financially distressed homeowners and sympathetic judges regarding the government's failed efforts to stem the foreclosure crisis. Heard countless times in thousands of courtrooms across the country in the aftermath of the 2008 global financial meltdown, Magistrate Bloom expressed what seemed deliberate efforts by …
Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014),
2014
John Marshall Law School
Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun Mcdonnell
UIC Law Open Access Faculty Scholarship
This article analyzes the factors that affect the effectiveness of the current rules and counseling protocol in enabling seniors to make well-informed decisions on whether to enter into a proposed reverse mortgage in light of the cognitive barriers that consumers in general, and seniors in particular, face. The article then proposes further changes to these rules and the counseling protocol to better enable seniors to determine whether entering into reverse mortgages is in their best interest in light of their specific financial situations and goals. Section I provides an overview of the current status of the law relating to reverse …
Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott
Nevada Law Journal
No abstract provided.
Reliance In Land Use Law,
2014
Brigham Young University Law School
Reliance In Land Use Law, Kenneth A. Stahl
BYU Law Review
For generations, Americans have tapped their life savings and assumed huge amounts of debt in order to achieve the American dream of owning their own home. Though investing so heavily in a single asset is a rather risky move on its face, buyers have been induced to purchase homes by a slew of public policies, most notably zoning ordinances that buffer single-family neighborhoods against an invasion of unwanted uses. As a result, homeowners have a fairly convincing argument that they possess some sort of vested reliance interest in the existing zoning of their neighborhoods that should prevent municipal authorities from …
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer,
2014
Valparaiso University
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss
Law Faculty Publications
No abstract provided.
Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act,
2014
University of Baltimore School of Law
Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act, Erika Flaschner
University of Baltimore Journal of Land and Development
In 2003, the New Jersey Township of Mount Holly designated a neighborhood known as the Gardens as a blighted, high crime area, and called for its redevelopment. The Township adopted a plan to demolish the Gardens and replace it with new residential units, of which only a fraction were designated for affordable housing. However, the predominately minority population of the Gardens filed suit to overturn the blight designation and stop the redevelopment plan on the grounds that the plan violated the Fair Housing Act (FHA) on a disparate impact theory.
