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First published in 1991. Routledge is an imprint of Taylor &amp; Francis, an informa company.

Denyer-Green B: PLR 1990

PLR 1990

Facing foreclosure? Put together a plan and take action. Don't wait to take action if you're behind in mortgage payments and facing a potential foreclosure. Foreclosure filings are rising again nationwide, and The Foreclosure Survival Guide covers your options for avoiding the loss of your home or at least delaying it. The strategies and useful information in this book will give you the tools you need to develop a plan to try to keep your home or decide if it makes sense to move on. This guide can help you learn how to navigate foreclosure and potentially stay in your home. It gives you the practical information you need, including: <ul> <li>the ins and outs of foreclosure</li> <li>how to decide whether you should try to keep your house</li> <li>what programs are available to potentially save your home, and how to apply for them</li> <li>how to bring your loan current in Chapter 13 bankruptcy</li> <li>if you can't stay in your home, how to avoid unnecessary costs by filing for Chapter 7 bankruptcy</li> <li>what alternatives for giving up the property, like a short sale or deed in lieu of foreclosure, are available, and</li> <li>how to avoid becoming the victim of a foreclosure rescue scam.</li> </ul> This book's powerful yet practical advice also explains the 120-day foreclosure waiting period before foreclosure starts, how the foreclosure process works in each state, potential tax consequences, and more. This edition is updated with the latest information on mortgage-assistance programs for homeowners, federal mortgage servicing laws, HOA foreclosures, property tax foreclosures, and recent court decisions affecting homeowners' rights. Foreclosure can be an intimidating and scary experience. The stress of potentially losing the family home can drive people to make mistakes, either by doing the wrong thing or failing to act at all. You need to know your options if you're having trouble making your mortgage payments or are already in danger of foreclosure. Your actions are vitally important if you want to keep your home or at least get through the process with as little anxiety as possible. This book has essential tips on what to do--and what not to do--if you're facing a foreclosure.

The Foreclosure Survival Guide

This book offers a comprehensive examination of the resulting trust, a foundational legal mechanism for determining the beneficial ownership of property in the absence of express evidence.Arguing that the resulting trust fulfils a critical role in resolving property ownership disputes, the book explores three distinct factual contexts in which the trust is applied: property law, insolvency law and the interaction of the law with domestic relationships. In addition to a traditional analysis, this book presents an innovative focus on the resulting trust's applicability in cases of corporate insolvency. It contends that the resulting trust can either increase the asset pool available for distribution to unsecured creditors or enable creditors to bypass pari-passu distribution to claim specific assets. Through a theoretical reconceptualisation of the resulting trust, which integrates an updated analysis of existing legal precedents and literature, the book creates a more expansive, functional framework through which the resulting trust can be utilised.The book will be of interest to researchers in the field of property law, equity and trust law and insolvency law.

Reappraising the Resulting Trust

Resolving Property Disputes in Law

Oñati International Series in Law and Society

This book applies the approach and methodology of 'Resilient Property Theory' (RPT), bringing together leading scholars to develop and test new approaches to housing and its relationships to private property and environmental sustainability. RPT analyses problems through multiple lenses, paying attention to the web of intersecting issues and stakeholders involved in contemporary housing studies: individuals (owners, tenants, precariously housed, homeless), aggregated interests (neighborhoods, communities, markets, social movements), and the state itself across its multi-layered actors, agencies and institutions (local/city; regional; national; transnational). It focuses on seeking out solutions that enable the production of resilience for different stakeholders and promote resilience within housing systems. This book focuses on providing greater synergy amongst a diverse range of perspectives, across disciplines (law, economics, history, political science) across a range of jurisdictions (US and Canada, England and Wales, Scotland, Europe, Australia and South Africa) and sets out to find sustainable solutions.

Resilient Property Theory and Sustainable Solutions

The Future of Housing

Provides a comprehensive guide for those advising upon, and dealing with, the civil liability and professional discipline of valuers/surveyors, estate agents and auctioneers. 

Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the regulatory and procedural aspects.

The work commences with an overview of the law of professional liability insofar as that is pertinent to the professions in question and goes on to focus upon particular issues in relation to litigation which require special attention in claims of this kind. It considers the individual professions in question, providing a detailed account of the legal principles and the case-law applicable to their civil and (in the case of estate agents) their criminal liability.

This title is included in Bloomsbury Professional's Professional Negligence Law online service.

Provides a comprehensive guide for those advising upon, and dealing with, the civil liability and professional discipline of valuers/surveyors, estate agents and auctioneers. 

Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the regulatory and procedural aspects.

The work commences with an overview of the law of professional liability insofar as that is pertinent to the professions in question and goes on to  focus upon particular issues in relation to litigation which require special attention in claims of this kind.  It considers the individual professions in question, providing a detailed account of the legal principles and the case-law applicable to their civil and (in the case of estate agents) their criminal liability.

This title is included in Bloomsbury Professional's Professional Negligence Law online service.

Property Professionals’ Negligence and Liability

As Americans grow increasingly mobile, estate planning practitioners routinely encounter clients whose marital property includes community property acquired in one or more states, as well as clients who may benefit from elective community property trust statutes now available in Alaska, Tennessee, Kentucky, South Dakota, and Florida. Because community property generally retains its character even after a couple relocates to a separate property state, estate planners in every jurisdiction must be prepared to identify community property interests and navigate the planning complexities they create. Yet many estate planners practicing in separate property jurisdictions receive limited training on the community property system, its variations across states, and the federal tax consequences that flow from community property characterization. Community Property Law in a Mobile America fills that gap. Written for estate planning attorneys, tax advisors, and trust professionals, this comprehensive guide walks practitioners through the full landscape of community property law as it intersects with estate planning, from foundational principles to advanced planning strategies. The authors trace the historical origins of the common law and civil law traditions that gave rise to today's divergent marital property frameworks before examining the critical differences among the nine traditional community property states and the newer elective community property trust jurisdictions. The book addresses property transmutation, creditor rights, choice-of-law principles for migratory spouses, the Uniform Disposition of Community Property Rights at Death Act, and the federal tax treatment of community property, including a thorough analysis of whether the elective community property trust statutes in opt-in jurisdictions should afford users the double step-up in basis under § 1014(b)(6), along with the legislative history of the Revenue Act of 1948 that informs that question. Practical guidance throughout the text covers coordinating joint revocable trusts, preparing Form 706 for estates that include community property, characterizing life insurance and retirement plan assets, and avoiding common pitfalls when planning for clients who have moved between states with different marital property regimes. Each chapter emphasizes the state-specific variations that make this area of law both powerful and complex, equipping practitioners to identify key issues, ask the right questions, and collaborate effectively with local counsel across jurisdictions.

A Comprehensive Guide for Estate Planners

Community Property Law in a Mobile America

The Law of Property

Because We Cannot Stop for Death

Inheritance and Continuity

Routledge Research in Legal Philosophy

The Illegality Defence posits that a cause of action cannot arise from a wrongful act. Barring a claim through the application of this defence contradicts considerations of corrective justice, as the defendant is released from liability even though the claimant would otherwise have been entitled to a remedy. This book re-examines the application of the Illegality Defence, framing it as a State deprivation of property for the public good, underscoring the necessity of constitutional protections in this context. Offering a novel approach, the work explores the development, interpretation, and application of the Illegality Defence within a constitutional framework, bridging the gap between private and public law. By delving into the structured concepts of proportionality, it aims to establish a more refined legal model which is sensitive to the protection of human rights - specifically, the human right to property. This approach seeks to enhance legal certainty and predictability in the application of the Illegality Defence. The study will be essential reading for academics and researchers working in the areas of legal theory, human rights law, and jurisprudence.

A Constitutional and Human Rights Perspective

The Illegality Defence in Law

Independently published

The Complete Guide to Rental Properties, Leases, and the Residential Tenancies Act

The Ontario Landlord & Tenant Bible

Secured Transactions: Problems and Materials combines original material with recent cases to teach students about secured financing under Article 9 of the Uniform Commercial Code. Students learn how to identify basic Article 9 issues and craft solutions for them.

The book begins with an explanation of secured versus unsecured financing and addresses how transactions were handled before the institution of Article 9. It then discusses specific aspects of Article 9 including its scope, creating and protecting a security interest, priorities, exceptions, fixtures, proceeds, and enforcement.

The book is built around a series of problems that connect the cases and original material to the text of Article 9. The original material clarifies and contextualizes the legal issues, providing background and support. The cases demonstrate how legal principles are applied in the real world, enabling students to understand automatic perfection, certificates of title, statutory liens, commercial reasonableness, and more.

The second edition features four new cases and new text written to give these cases context.

Secured Transactions successfully balances the study of law and its application. It is an ideal book for foundational courses in secured transactions.

Problems and Materials

Secured Transactions

International Studies in the Theory of Private Law

This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights. It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of 'functional transformation' of the existing property rights. This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.

A Comparative Approach to the Principle of Numerus Clausus

Stability and Change in Modern Property Law

Oxford Private Law Theory

This collection of essays brings together leading experts with emerging scholars from different common law jurisdictions to deal with foundational questions about the relationship between property and contract. The volume is structured in five parts: forms of property; contract and conveyance; institutions; structure of private law; and theories of contract.

Some essays focus in on specific institutions along the property contract interface, including bailments, leases, security interests, and trusts, as well as the role of contract in property transfer. Others use the lens of property and contract to analyse debt, money, and choses in action. Overall, the essays exemplify the vigour of scholarship in this area and point to further directions for deepening our understanding of the property-contract interface.

Historical and Theoretical Perspectives

The Property-Contract Interface

PLR 1990

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