REAL ESTATE FINANCE

CLASS NOTES

 

8/18/04 ? Introduction

 

8/19/04 ?The exam, outline of the typical transaction, role of the lawyer, the listing agreement

 

8/20/04 ?When is the commission earned?  Drake v. Hosley, a problem on liability for commission, who does the broker represent?

 

 

8/25/04 ?Statute of frauds, Shelton v. Williamson, part performance, Roundy v. Waner

 

8/26/04 ?Buyerís remedies, sellerís remedies, Donovan v. Bachstadt

 

8/27/04 ?Specific performance, Centex Homes v. Boag, Mahoney v. Tingley

 

 

9/1/04 ?Equitable conversion, Uniform Vendor and Purchaser Act, Fulton v. Duro, insurance and equitable conversion, real estate finance

 

9/2/04 ?More on amortization, structuring the transaction, Schrader v. Benton

 

9/3/04 ?More on Schrader v. Benton, historical development of the mortgage, equity of redemption, mortgage foreclosures, mortgage substitutes

 

 

9/9/04 ?Title assurance, the three types of deeds, warranties of title, general warranty deed, Brown v. Lober, the Recording Acts

 

9/10/04 ?More on the Recording Acts, three types of recording statutes, interests outside the Recording Acts, recording defects

 

 

9/15/04 ?Notice, how the Recording Acts work, how to do a title search, ďwild?deed problems

 

9/16/04 ?Missed a day

 

9/17/04 ?Title insurance, problems on Note 6, p. 242, theories of mortgages, the title theory of mortgage, the lien theory of mortgage, intermediate states

 

 

9/22/04 ?The balance of bargaining power, hypotheticals, the effect of mortgages on lease obligations, Dover Mobile Estates v. Fiber Form Products, Inc.

 

9/23/04 ?More on leases, lenderís evaluation of leases, subordination, nondisturbance and attornment, assignment of rents

 

9/24/04 ?More on assignment of rents, In the Matter of Millette, receivership ?Dart v. Western Savings & Loan Association

 

 

9/29/04 ?Waste ?Prudential Insurance Company of America v. Spencerís Kenosha Bowl, Inc., a problem

 

9/30/04 ?Environmental liability ?CERCLA, hypotheticals, Edwards v. First National Bank of North East

 

10/1/04 ?Fire insurance and eminent domain awards ?Starkman v. Sigmond

 

 

10/13/04 ?Transfers by the mortgagor, legal effect of assumption, mortgagorís recourse against mortgagee

 

10/14/04 ?Legal effect of assumption continued

 

 

10/20/04 ?Missed a day

 

10/21/04 ?The secondary mortgage market, transfers by the mortgagee

 

10/22/04 ?Negotiable instruments and holder in due course

 

 

10/27/04 ?Missed a day

 

10/28/04 ?Prepayment, Metropolitan Life Insurance Co. v. Promenade Towers Mutual Housing Corp., Fleet Bank of Massachusetts, N.A. v. One-O-Six Realty, Inc., merger

 

10/29/04 ?Deed in lieu of foreclosure

 

 

11/4/04 ?Missed a day

 

11/5/04 ?Foreclosure, judicial foreclosure

 

 

11/10/04 ?The omitted junior mortgagee (not really there)

 

11/12/04 ?Missed a day, again

 

 

11/17/04 ?(Late and unprepared)

 

11/18/04 ?Missed a day

 

11/19/04 ?Antideficiency legislation

 

 

12/3/04 ?The last one

 

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