Risk in the global real estate market: international risk regulation, mechanism design, foreclosures, title systems and REITs

Analysis of the effects of mortgage foreclosure laws on global economics America's sub-prime mortgage problems have had rippling effects on the economies of countries around the world, highlighting the many problems inherent in the legal infrastructures for both mortgages and the unconstitutional foreclosure process. The Global Mortgage: International Risk Regulation, Mechanism Design, and Constitutional Torts in Foreclosures, Titles Systems, and REITS reveals how these unconstitutional statues and processes affect housing prices, as well as the demand for housing and commercial real estate. Describes significant implications for risk regulation, interstate commerce, and legislation in the United States and some common law countries Addresses foreclosure statues and processes, mortgages and deeds of trust Shows how unconstitutional tax foreclosures and the mortgage foreclosure processes create information asymmetry, increased transaction and compliance costs, negative externalities, and inefficiency The Global Mortgage reveals the many—and major—problems inherent in the legal infrastructure for mortgages and foreclosure processes. INDICE: Preface Chapter 1: Regulation and Constitutional Torts Federalism,Preemption and Risk The Restoring American Financial Stability Act of 2010 (RAFSA) The Existing Tests For Un-Constitutionality Quasi Constitutions Social Capital Chapter 2: A Critique of Mechanism Design Chapter 3: General Public Health And Social Psychology Issues in Global Housing Markets and Mortgage Markets Survey of Public Health Problems Caused By Traditional Mortgages and Foreclosures Conclusion Bibliography Chapter 4: Public Health Issues: Psychological Factors Inherent In Housing Demand, Mortgage Demand And House Prices Proposition 1: Credit Bias Proposition 2: The SPsychological Limitations On Supply Of Housing Units Validity of Housing Demand Models Conclusion Bibliography Chapter 5: Behavioral Biases In Property Taxation And Property Appraisal Biases In Property Taxation Psychological Effects and Biases Inherent In Property AppraisalConclusion Bibliography Chapter 6: Foreclosure Statutes and Processes The Statutory Ban of Waiver of Judicial Foreclosure in Conveyancing Documents and theOmission of Non-Judicial Foreclosure from States' Laws The Borrower's Post-Foreclosure Right-of-Redemption is Un-constitutional The Unconstitutionality of Preemptive Foreclosure Rules Enforcement of Core Foreclosure Processes and theFailure to Enact Uniform Federal Foreclosure and Mortgage Statutes Constitutes Violations of the US Constitution Conclusion Chapter 7: Unconstitutionality of U.S. Bankruptcy Code Preemption of State-Law Mortgage Foreclosure Statutes and Related Economic Effects Existing Literature Criteria for Preemption: Equitable Subordination, Fraudulent Transfers (The Reasonably Equivalent Value Doctrine), the Deprizio Controversy, and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 State Foreclosure Laws and Federal Foreclosure Laws as Property Rights The US Supreme Court's Standards for Preemption Cases Additional Standards for Preemption Cases Constitutional Law Issues Chapter 8: Mortgages and Deeds of Trust Mortgages Reduce Efficiency Of Monetary Transmission The Statutory or Common Law Prohibition of Prepayment-Penalty/Yield-Maintenance or Limitations on Prepayment Penalty Upon Default, are Unconstitutional The Lack of Definition of the Future Advance Clause in Mortgages Constitutes a Violation of the U.S. Constitution The Government's Failure to Enact Statutes that Define the Qualifications/Characteristics of a First Mortgagee The Lender's Right to Receive Proceeds of Insurance and Condemnation (Arising From Real Estate) is Not Codified Anti-Deficiency Statutes are Unconstitutional; and the Lender's Right to Deficiency Judgment Must Remain Enforceable Conclusion Chapter 9: Sub-Prime lending Is Un-Constitutional. Conclusion Chapter 10: Constitutionality of Real Property Title Systems The Uniform Commercial Code (UCC), Title Systems, and Conflict of Law

• ISBN: 978-1-118-01135-5
• Editorial: John Wiley & Sons
• Encuadernacion: Cartoné
• Páginas: 368
• Fecha Publicación: 04/01/2012
• Nº Volúmenes: 1
• Idioma: Inglés