The recession has
narrowed the mortgage window, making it harder for people to fit into an
opening that was once wide. A result of this narrowing is the possibility of
gender discrimination, particularly in the form of pregnancy-linked mortgage
denials, and likewise, family planning assessments as...
In the case
of Chapman v. Pier 1 Imps.(U.S.),
Inc. , 2011 U.S. App. LEXIS 453 (9th Cir. Cal. Jan. 7, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ],
Byron Chapman, who used a wheelchair,
sued Pier 1 Imports , alleging that...
An ordinance authorizing the posting of bright orange
stickers at an "unruly gathering" is both constitutional and not preempted according
to the First Circuit's recent ruling. The First Circuit rejected plaintiffs'
due process claim and refused to find the Rhode Island Residential...
Pros of the 30-year fixed-rate mortgage Cons of the 30-year fixed-rate mortgage
Promotes home ownership and increases affordability,
especially at lower interest rates
rate spikes create a disparity between a bank's long term assets at fixed rates
If you're a science fiction fan, you've likely encountered a story or two about invisible, impenetrable fields. Or, maybe as a Stephen King fan, you read the book, Under the Dome , which is about a small, New England town trapped beneath a huge, clear barrier. Either way, you've touched upon...
Recently, a Colorado district court held that the timely filing of a 15
U.S.C. § 1635 notice of rescission will not toll the time limit for a
mortgagee to sue on his rescission rights. In Barry v. Countrywide Home Loans , F.S.B. , 2011 U.S. Dist. LEXIS 12519 (D.
Colo. Feb. 8, 2011) [ enhanced...
The holder of a revocable permit to use real property is not
an "owner" of that real property for purposes of imposing liability
under the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), 42 U.S.C. §§ 9601-9675 , for the clean-up of hazardous
Yesterday, the Seventh
Circuit rejected Fifth and Eighth Circuit precedent by holding
USCS Appx § 3B1.3 's abuse-of-trust sentencing enhancement was not applicable
per se to a relationship between lenders and a mortgage broker who had falsified
loan applications and provided phony...
Developers' constitutional challenge to an ordinance
requiring the provision of affordable housing in new subdivisions was not ripe,
according to a recent decision by the Tenth Circuit, because the developers'
Takings claim was not exempt from the compensation
prong of Williamson County Reg'l...
A "victim's" participation in a fraudulent mortgage
scheme, regardless of criminal liability, will generally exclude the victim
from restitution, according to a recent Massachusetts decision.
With the help of Ryan Lazar, a loan originator, R.L. and
B.L. participated in a fraudulent...
21, in a matter of first impression for Second Circuit courts, a New York District
Court determined that a borrower is not a third party beneficiary to a Home
Affordable Modification Program (HAMP) Servicer Participation Agreement between
Fannie Mae and a mortgage servicer.
On June 21 st ,
the Court of Appeals for the DC Circuit rejected a constitutional challenge to D.C.
Code § 22-3312.01 (the Defacement Statute), which prohibits the
defacement of public and private property. The appellant, Rev. Patrick Mahoney,
had filed the First Amendment claim
after he was...
Recently, a Florida appellate court was asked to review
the legal sufficiency of claims that a condominium developer and its escrow
agent violated the requirements of section 718.202, Florida Statutes (2006), regarding
pre-closing deposits by the buyers.
In CRC 603, LLC v. North Carillon, LLC,...
The Ohio Supreme Court recently addressed the following
Can a lack of standing at the commencement
of a foreclosure action be cured by obtaining an assignment of a note and
mortgage sufficient to establish standing prior to the entry of judgment?
On October 31 st , the court answered...
Maryland Court Affirms Self-Help via Lock-Out but Reverses Conversion
Claim Related to Resident's Belongings
The Maryland court of appeals will not recognize an
impermissible forcible entry when a foreclosure purchaser's lawful possessory
interest in a dwelling is enforced (through lock...