Topic
Foreclosures
868 published works
Texas Bankruptcy Blog
Mortgage Debt Relief Act Set To Expire
By Bryan Fears
Prior to 2007, when a home went through foreclosure the homeowner was not only stuck with a large deficiency balance, he could owe taxes on any debt that was canceled…
Land Use Prof Blog
Ghent on the Historical Origins of America’s Mortgage Laws
Andra C. Ghent (Arizona State--Finance) has posted The Historical Origins of America's Mortgage Laws. This paper would be a really good resource for students, teachers, or practitioners who are interested in…
Texas Bankruptcy Blog
Considerations When Surrendering A House During Bankruptcy
By Bryan Fears
Many debtors are surprised to learn that surrendering a house during a bankruptcy does not immediately transfer ownership back to the bank. The way that the bank gets title is…
PropertyProf Blog
Hockett on Using Eminent Domain to Solve the Mortgage Mess
By propertyprof
Robert Hockett (Cornell) has posted Paying Paul and Robbing No One: An Eminent Domain Solution for Underwater Mortgage Debt that Can Benefit Literally Everyone on SSRN. Here's the abstract:This essay…
Texas Bankruptcy Blog
Foreclosure After Surrendering Home In Bankruptcy
By Bryan Fears
It is axiomatic that bankruptcy has a serious affect on your credit. But when facing a foreclosure, the federal bankruptcy laws can at least offer some credit assistance. After enduring…
PropertyProf Blog
Do Foreclosures Increase Crime?
By propertyprof
The evidence is mixed: A few months ago our Emily Badger reported on a study that found no direct correlation between home foreclosures and crime. The researchers drew that conclusion…
Ohio Appellate Insights
Merit Decision: Court Smacks Freddie Mac in Home Foreclosure Case. Federal Home Loan Mortgage Corp. v. Schwartzwald.
On October 31, 2012, the Supreme Court of Ohio handed down a merit decision in Federal Home Loan Mortgage Corp. v. Schwartzwald, 2012-Ohio-5017. The case was argued April 4, 2012. The…
Massachusetts Land Use Monitor
Breaking: SJC Upholds Statutory Form of Foreclosure Affidavit
This morning the Supreme Judicial Court (SJC) issued its decision in Fannie Mae v. Hendricks (pdf), a summary process case that raised the issue of whether the Massachusetts statutory form of foreclosure affidavit – which has been in use…
Eminent Domain and Real Estate Valuation
Foreclosures Reach Lowest Level Since 2007
By David Snyder
The New Jersey Department of Banking and Insurance performed 173 examinations of mortgage licensees in 2011. According to National Mortgage News, these examinations concluded that 90 percent of the mortgage…
Notice of Appeal
Appellate Update: Excelsior Mortgage Equity Fund II, llc v. Schroeder [Wash. App. No. 30333-1-III]
By Hunter Ferguson, Leonard Feldman, J. Will Eidson
Steven Schroeder formerly owned a 200-acre ranch in Stevens County. When he defaulted on the loan, Excelsior Mortgage filed an action to judicially foreclose its deed of trust and, eventually,…