Revised and updated to 2006, the second edition of Basic Mortgage Law continues to be comparatively brief, straightforward, and traditional. This is a doctrinal casebook that can serve as a basic foundation for a 2- or 3-hour mortgage law course. Hill and Brown have deliberately chosen cases which contain generally accepted rules that have been correctly applied in order to give students a clearer understanding of a complex area of law. These include a number of older cases that are better written, more thoroughly reasoned, and are as relevant today as when handed down. Accompanying notes and questions are carefully designed to pique the interest of the students and encourage them to look at secondary sources to expand their knowledge.
This new edition ofHome Mortgage Law Primerprovides a historical reference to the concept of mortgaging property, as well as the sources of real estate financing, the types of mortgage devices. Added information includes mortgage interest considerations and information on fixed and adjustable rate mortgages. Also provided, is a basic guide, outlining the start-to-finish of the mortgage process, including getting a loan all the way till the final closing of the real estate transaction. Recent events have been outlined pointing out the Illegal real estate finance practices are covered and the housing market issues many are facing today. In addition to foreclosure proceedings, and the legal options available to a homeowner facing foreclosure, appendices are included providing resources for those who find themselves in a foreclosure situation. The recent housing crisis has had a significant impact on every aspect of Americans' lives. Homes are sitting on the market for much longer than in previous years and forclosures are exponentially increasing. This new edition ofHome Mortgage Law Primerprovides a historical reference to the concept of mortgaging property, as well as the sources of real estate financing, and the types of mortgage devices. Additional information includes mortgage interest considerations and information on fixed and adjustable rate mortgages. Also provided, is a basic guide, outlining the mortgage process from start-to-finish, including getting a loan all the way till the final closing of the real estate transaction. Recent events are outlined to illustrate Illegal real estate finance practices and the housing market issues many are facing today. In addition to foreclosure proceedings, and the legal options available to a homeowner facing foreclosure, appendices are included providing resources for those who find themselves in a foreclosure situation. This book is a helpful resource for anyone looking for an up-to-date and reliable guide on navigating the home mortgage process in today's market.
This book offers clear explanation and detailed commentary on how a landlord or licensor can obtain possession of business premises and how a tenant can oppose such action or renew the lease. Written from the litigator's point of view, this guide covers all the key issues in an accessible and comprehensive manner.
This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.
