In eras of declining interest rates, millions of residential mortgage loans may be refinanced. When this occurs, it is customary for the refinancing lender to require a title examination and a new mortgagee's title insurance policy. This requirement is expensive, usually costing several hundred...

The Missouri General Assembly, like a number of other state legislatures, undertook to reform its statutes relating to eminent domain during the 2006 legislative session. This article is the story of that effort and an analysis of the result.I write from a personal perspective. I was fortunate...

The installment land contract is rarely used in some states, but in many it is the predominant means of vendor financing of land sales. Much has been written about it, but nearly all of the literature focuses on the law of one particular state or another. Our purpose here is to provide a...

This Article explores the provisions, scope, and impact of the Garn-St. Germain Depository Institutions act of 1982 in substantial detail. We first describe the several major types of mortgagor transfer restrictions, and the judicial and legislative responses to these restrictions before the...

In 1977 we published an article in this Review that discussed the legal aspects of the installment land contract. The installment contract was then, and continues to be, widely used as a device for seller financing of real estate. In our judgment, and increasingly in the judgment of the courts,...

In many land financing transactions it is commercially advantageous to enter into a present mortgage even though a significant portion of the loan funds is not to be advanced to the mortgagor until some future date. The most common examples are construction loans and other loans to improve real...

This article examines the decision in Holmes v. Summer where the court held that a sellers broker "had a duty to disclose... liens before the buyers signed... [an] agreement." The article discusses the conflict between the duty of confidentiality and the new duty of disclosure to the other side