Rent Certainty Is Not Rent Control,
2015
Technological University Dublin
Rent Certainty Is Not Rent Control, Tom Dunne
Reports
The housing crisis and the debate about rent control should result in a beneficial change to the regulation of the sector but the opportunity could be lost for want of clarity of thinking about the nature of rent certainty and the distinction between it and rent control. At present rent is regulated by the Residential Tenancies Act 2004 (RTA 2004) which provides that rent can only change once a year and cannot be more than the market rent. Many argue a greater degree of rent certainty is required and that rent should not be allowed to increase by more than …
Property Law—Upending The Familiar Tools Of Estate Planning: Equity Renders Revocable Trusts Subject To The Arkansas Spousal Election. In Re Estate Of Thompson, 2014 Ark. 237, 434 S.W.3d 877.,
2015
University of Arkansas Little Rock
Property Law—Upending The Familiar Tools Of Estate Planning: Equity Renders Revocable Trusts Subject To The Arkansas Spousal Election. In Re Estate Of Thompson, 2014 Ark. 237, 434 S.W.3d 877., Lucy L. Holifield
University of Arkansas at Little Rock Law Review
No abstract provided.
Second Liens And The Leverage Option,
2015
Vanderbilt University Law School
Second Liens And The Leverage Option, Adam J. Levitin, Susan M. Wachter
Vanderbilt Law Review
This Article demonstrates that the housing bubble was driven by second mortgages to a much greater extent than previously appreciated. A unique feature of American law allows homeowners to take out second mortgages, without the consent or even knowledge of the first mortgage lender. The result is an underpricing and overextension of credit as first mortgage lenders cannot control or properly price for the risks created by second mortgages. Homeowners' unilateral right to encumber their properties with additional mortgage loans creates what we term the "leverage option" that is embedded in American mortgages. The leverage option is an unintended consequence …
Reforming Reit Taxation (Or Not),
2015
Brooklyn Law School
Reforming Reit Taxation (Or Not), Bradley T. Borden
Faculty Scholarship
No abstract provided.
Mardian V. Greenberg Family Trust, 131 Nev. Adv. Op. 72 (Sep. 24, 2015),
2015
Nevada Law Journal
Mardian V. Greenberg Family Trust, 131 Nev. Adv. Op. 72 (Sep. 24, 2015), Colton Loretz
Nevada Supreme Court Summaries
The Court concluded that the promissory note, which had security interest by both a deed of trust of Arizona real property and personal guaranties, was governed by Nevada limitations period because of the Nevada choice-of-law provision within the contract. Consequently, the Court held that the party seeking deficiency judgment was time-barred pursuant to NRS 40.455(1) because the judgment was not sought within six months of the foreclosure sale of the collateral property.
In Re: Manhattan West Mechanic’S Lien Litigation, 131 Nev. Adv. Op. 70 (Sept. 24, 2015),
2015
Nevada Law Journal
In Re: Manhattan West Mechanic’S Lien Litigation, 131 Nev. Adv. Op. 70 (Sept. 24, 2015), Kristian Kaskla
Nevada Supreme Court Summaries
The Court determined that (1) a general subordination agreement effects a partial subordination; and (2) NRS 108.225 does not preclude parties from contracting for a partial subordination.
Local Government Finance As Integrated System: The Uneasy Case For Using Special Districts In Real Estate Finance (A Response To Odinet’S Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance),
2015
University of California Davis
Local Government Finance As Integrated System: The Uneasy Case For Using Special Districts In Real Estate Finance (A Response To Odinet’S Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance), Darien Shanske
Washington and Lee Law Review Online
Local governments have long used special financing districts to build infrastructure. If a local project, say building a pocket park, is likely to increase the values of properties very close to the park, then why should those properties not pay for the park in the first place? Though efficient and fair in many cases, the use of these districts can also be problematic. For instance, it seems likely that wealthier residents, with higher property values to leverage, are especially likely to use these districts effectively. It has also been the case that developers have used these districts speculatively, which had …
Response To Christopher Odinet, Super- Liens To The Rescue? A Case Against Special Districts In Real Estate Finance,
2015
Saint Louis University School of Law
Response To Christopher Odinet, Super- Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Peter W. Salsich Jr.
Washington and Lee Law Review Online
No abstract provided.
Land Baron Invs. V. Bonnie Springs Family Lp, 131 Nev. Adv. Op. 69 (Sept. 17, 2015),
2015
Nevada Law Journal
Land Baron Invs. V. Bonnie Springs Family Lp, 131 Nev. Adv. Op. 69 (Sept. 17, 2015), Rob Schmidt
Nevada Supreme Court Summaries
This case is an appeal arising from a failed land sale contract. The Court considered three issues of first impression, holding that (1) when a party bears the risk, mutual mistake is not a basis for rescission; (2) an abuse of process claim may not be supported by a complaint to an administrative agency; (3) a nuisance claim seeking only emotional distress damages must be supported by proof of physical harm. Ultimately, The Court affirmed in part and reversed in part.
Drafting And Securitizing Participation Mortgages: A Re-Introduction,
2015
Pepperdine University
Drafting And Securitizing Participation Mortgages: A Re-Introduction, Spencer J. Coopchik, Yildiray Yildirim
The Journal of Business, Entrepreneurship & the Law
This Paper will reintroduce, explore, and expand on the financing arrangement known as a Participation Mortgage. First, this Paper will cover the features, history, and policy purposes behind the mortgage. Second, the Paper will focus on legal mechanics and drafting considerations of Participation Mortgages, so they may later be securitized. Finally, the Paper will explore the possibility and legality of creating Participation Mortgaged Backed Securities to be sold in the secondary market.
Do You Know The Fair Market Value Of Your Property?: A Call To The Legislature To Revise Section 775.089, Florida Statutes, Governing Restitution,
2015
Barry University School of Law
Do You Know The Fair Market Value Of Your Property?: A Call To The Legislature To Revise Section 775.089, Florida Statutes, Governing Restitution, Adam M. Hapner
Barry Law Review
No abstract provided.
Taking Back Takings Claims: Why Congress Giving Just Compensation Jurisdiction To The Court Of Federal Claims Is Unconstitutional,
2015
Villanova University Charles Widger School of Law
Taking Back Takings Claims: Why Congress Giving Just Compensation Jurisdiction To The Court Of Federal Claims Is Unconstitutional, Michael P. Goodman Ph.D.
Villanova Law Review (1956 - )
No abstract provided.
Statutory Pooling And Unitization In West Virginia: The Case For Protecting Private Landowners,
2015
West Virginia University College of Law
Statutory Pooling And Unitization In West Virginia: The Case For Protecting Private Landowners, James E. Mcdaniel
West Virginia Law Review
No abstract provided.
Dividing The Single Indivisible Transaction: Balancing The Interests Of Mortgagees And Innocent Occupants,
2015
Singapore Management University
Dividing The Single Indivisible Transaction: Balancing The Interests Of Mortgagees And Innocent Occupants, Vincent Ooi
Research Collection Yong Pung How School Of Law
When a mortgagee provides the funds necessary to purchase a property, the law protects the priority of the mortgagee’s security interest from any other interests in the property created after that property was purchased (unless consented to by the mortgagee). The House of Lords affirmed this principle in Abbey National Building Society v Cann (‘Cann’), and rejected the technical argument based on a scintilla temporis in favour of the policy argument concerning the need to ensure that housing loans are available and affordable. The effect of this principle is to allow the mortgagee to enforce the security interest in the …
The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles,
2015
The University of Akron
The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles, Alvin W. Lasher
Akron Law Review
T HE REVOLUTION IS HERE! It has come quietly, almost without a murmur of opposition or civil discord. Indeed, many who will be most profoundly affected by it were not-are not even now, perhaps-aware of its coming. But it is here, nevertheless. The revolution in question, of course, relates not to some massive proletarian uprising which many today profess to see upon the horizon, but to the revolution in Ohio procedural law which became effective on July 1, 1970. For a revolution indeed it is, bringing changes so sweeping in their nature that the procedural law, both statutory and judge-made, …
Property Insurance For Ohio's Urban Areas,
2015
The University of Akron
Property Insurance For Ohio's Urban Areas, R. D. Welsh
Akron Law Review
Thirty-eight million dollars damage to property occurred in Watts in 1965, $49,000,000 in Detroit, and $10,000,000 in Newark, New Jersey in 1967, plus many others that have resulted in about $187,000,000 being paid in the five years ending in 1968. Until Watts, riot coverage was provided as an afterthought by the insurance industry with little or no additional charge. Besides this problem, insurers were faced with loss of reinsurance by foreign reinsurers alarmed by inability of Government authorities to maintain law and order.
The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles,
2015
The University of Akron
The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles, Alvin W. Lasher
Akron Law Review
The revolution is here! It has come quietly, almost without a murmur of opposition or civil discord. Indeed, many who will be most profoundly affected by it were not-are not even now, perhaps-aware of its coming. But it is here, nevertheless. The revolution in question, of course, relates not to some massive proletarian uprising which many today profess to see upon the horizon, but to the revolution in Ohio procedural law which became effective on July 1, 1970. For a revolution indeed it is, bringing changes so sweeping in their nature that the procedural law, both statutory and judge-made, which …
Property Insurance For Ohio's Urban Areas,
2015
The University of Akron
Property Insurance For Ohio's Urban Areas, R. D. Welsh
Akron Law Review
Thirty-eight million dollars damage to property occurred in Watts in 1965, $49,000,000 in Detroit, and $10,000,000 in Newark, New Jersey in 1967, plus many others that have resulted in about $187,000,000 being paid in the five years ending in 1968. Until Watts, riot coverage was provided as an afterthought by the insurance industry with little or no additional charge. Besides this problem, insurers were faced with loss of reinsurance by foreign reinsurers alarmed by inability of Government authorities to maintain law and order.
The Secured Party And His Nemesis, The Trustee In Bankruptcy: After-Acquired Property, Unidentified Proceeds, And Selected Preference Problems,
2015
The University of Akron
The Secured Party And His Nemesis, The Trustee In Bankruptcy: After-Acquired Property, Unidentified Proceeds, And Selected Preference Problems, John P. Finan
Akron Law Review
A trustee in bankruptcy, in addition to succeeding to the rights of the bankrupt,' has several avoiding powers. Some of these avoiding powers are based on practices which, like vice, are of "so frightful mien that to be hated [need] but to be seen." Preferences may not be included among such practices. Indeed, the English view exhibits ambivalence towards preferences. At one time it regarded "preferences [as] the good fortune of the creditor." A later view was "that the preferring of one creditor over others within a short time of bankruptcy and in contemplation thereof, was a 'fraud on the …
A National Landlord-Tenant Relations Act: A Legislative Proposal For The 1970'S,
2015
The University of Akron
A National Landlord-Tenant Relations Act: A Legislative Proposal For The 1970'S, D. Richard Froelke
Akron Law Review
While education and employment are significant aspects of poverty law in this country, the focus of this paper is on housing in general and the recent development of tenant unions in particular. Specifically, the author proposes as a phase of a nationally developed program of housing for the 1970's the enactment of a federal National Landlord-Tenant Relations Act. Several thorough and thoughtful articles have recently been written' in which the vehicle of tenant unionization has been discussed and analyzed. Part II will briefly set forth the historical background of the tenant union concept. Part III will examine the case for …
