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This paper discusses a series of ECJ judgments on national mortgage enforcement proceedings in light of the Directive … suspending mortgage enforcement proceedings, thereby allowing the debtor to retain ownership of the property while the (un … the property held by the debtor, creditor, and third parties such as a second mortgage holder are directly affected by the …
Persistent link: https://www.econbiz.de/10013004911
This article discusses the often overlooked ramifications of strategic mortgage default and the widespread implications …
Persistent link: https://www.econbiz.de/10013051036
This study discusses the many factors and considerations that enter into the strategic mortgage default (SMD) decision …
Persistent link: https://www.econbiz.de/10013051045
The purpose of this article is to explore the rights of tenants who reside in buildings undergoing foreclosure to receive notice and an opportunity to be heard when foreclosures threaten to terminate their tenancies. The federal Protecting Tenants at Foreclosure Act of 2009 (PTFA) will...
Persistent link: https://www.econbiz.de/10013125935
, committed to pay the mortgage holders the full values of their homes, and retained those homes. In Nobelman, the Court … of their houses, lease the houses for one year, file bankruptcy, and propose mortgage modification plans that pay … mortgage holders the full current values of the houses. This Article argues that despite the artificiality of a move-out with …
Persistent link: https://www.econbiz.de/10013085570
Persistent link: https://www.econbiz.de/10013152485
In Japan's civil law property system, courts recognize a form of extra-statutory security, the jōto tanpo or title-transfer security interest, that is created by conveying legal title to the creditor, with a promise to restore it to the debtor upon repayment. Although best known today as a...
Persistent link: https://www.econbiz.de/10013148635
At common law a forged mortgage is ineffectual, even if the mortgagee acted in good faith throughout. In New Zealand … mortgages of land can be registered and, upon registration, the mortgagee obtains a title to that mortgage that is indefeasible …
Persistent link: https://www.econbiz.de/10012894223
of its mortgage contract. From this model, it could comfortably limit people's rights to their homes, especially for the …. Drawing from the experience of City of Baltimore in the Mortgage Crisis, I argue that property and housing policy should …
Persistent link: https://www.econbiz.de/10012996018
The English law of mortgage is remarkable. Its complexity rivals that of Euler's equation and could, in the same manner … fundamental shifts in the socio-economic context in which it operates. The stability apparent within the law of mortgage, it will … of the mortgage relationship to be ‘regulated' through more malleable processes such as contractual ‘negotiation …
Persistent link: https://www.econbiz.de/10013136101