Posts Tagged ‘mortgages’

Canada: lender’s inspection may create liability to third parties

A British Columbia court has allowed a suit to proceed arguing that a government lending program which included inspection of the property to be renovated could incur a duty to third persons who might later fall on a staircase whose faults allegedly would have been detected had inspection not been negligent. [Erik Magraken; Benoit v. Banfield]

March 13 roundup

  • “Are Courts Dragging Out the Housing Crisis?” [Mark Calabria, Cato] “Boom-Era Property Speculators to Get Foreclosure Aid” [Bloomberg News via Bader, CEI] Community organizing groups expect to cash in on state AGs’ robosigning settlement [Neil Munro, Daily Caller, earlier] As does NAAG itself [Daniel Fisher] More: Kevin Funnell.
  • “Non-standard explanation offered for bugging wife’s bedroom” [Lowering the Bar]
  • Chris DeMuth on James Q. Wilson [Weekly Standard, earlier] I wrote about Wilson’s work on at least two occasions: the Baltimore Sun had me review a book of his on “abuse excuses” and other difficulties of psychiatric testimony in court, a good book if a mere foothill in the mountain range of his overall scholarship; on another occasion in Reason I challenged his uncharacteristic backing of a “family policy” proposal ripe with potential for unintended consequences;
  • Boston city councilor: make valet kid at restaurant responsible if patron drives off drunk [NPR via Alkon]
  • “Texas is being stiff armed by the EPA at every turn” [Munro/DC quoting Texas attorney general Greg Abbott] NYT’s “modest” offshore drilling restrictions: “I hate to think what immodest restrictions would look like” [John Steele Gordon]
  • “The Southern Poverty Law Center Is Now Writing About Pickup Artists as Hate Groups” [Mike Riggs]
  • SFO rental car garage offers a whiff of Prop 65 absurdity [Stoll]

February 27 roundup

  • Department of Transportation cracks down on distraction from cars’ onboard information and entertainment systems; Mike Masnick suspects the measure won’t work as intended, as appears to have been the case with early texting bans [Techdirt; earlier here, etc.] “Feds Push New York Toward Full Ban On Electronic Devices In Cars” [Glenn Reynolds, Instapundit; Truth About Cars]
  • Oh no: Scott Greenfield says he’s ceasing to post at his exemplary criminal defense blog after five years [Simple Justice, Dave Hoffman]
  • California not entitled to pursue its own foreign policy, at least when in conflict with rest of nation’s: unanimous “blockbuster” decision by en banc 9th Circuit strikes down law enabling insurance suits by Armenian victims [AP, Alford/OJ, Recorder, related, Frank/PoL]
  • Playboy model’s $1.2M award against Gotham cops is a great day for the tabloids [NYDN]
  • To hear a pitch for fracking-royalty suits, visit the American Association for Justice convention, or just read the New York Times [Wood, PoL]
  • What the mortgage settlement did [John Cochrane, earlier]
  • Indian Child Welfare Act (ICWA) of 1978 blows up an adoption: “She’s a 2-year-old girl who got shoved in a truck and driven to Oklahoma with strangers.” [Reuters, SaveVeronica.org]

February 17 roundup

January 28 roundup

Feds challenge Chicago lender-maintenance law

The federal government is suing to overturn Chicago’s law requiring lenders to maintain properties they don’t own [WSJ editorial]:

Earlier this month the federal agency that oversees Fannie Mae and Freddie Mac sued Chicago for its vacant-buildings ordinance, which requires that a “mortgagee” register vacant properties, pay a $500 fee to the city, comply with onerous maintenance requirements and face a $1,000 daily fine for noncompliance. Any entity with a financial interest in the home—a bank, mortgage trust, mortgage servicer or Fan and Fred—is subject to the law, whether or not it has foreclosed on the home and owns the title….

The [Chicago enactment] came at the expense of small banks and mortgage servicers that can’t afford, for instance, to install “commercial-quality metal security panels” on windows or clean snow “from the walkway leading to the main entry door, and any public sidewalk adjoining the lot.” It’s legally dubious to impose these requirements on private owners of private property, and by doing so Chicago will raise the cost of mortgage loans to future homeowners.

More: Kevin Funnell, Bank Lawyer’s Blog; earlier here and here.

November 26 roundup

  • “Ohio Attorney Sues Over Misleading Emails, Even Though He Wasn’t Misled” [Chris Danzig, Above the Law]
  • Feds say new EPA-ordered fuel economy standards could add $2000 to price of new car [C.J. Ciamarella, Daily Caller] More: WSJ.
  • Las Vegas considers following Chicago’s lenders-must-cut-grass folly [Kevin Funnell, earlier] “The Fed actually does impose, via legal risk, a de facto ceiling on mortgage rates.” [Mark Calabria, Cato]
  • 2nd Circuit: Prison Litigation Reform Act curbs attorney fee shift at 150% of cash won, and yes, that applies to a $1 award [PoL] Panel on attorneys’ fees in class actions at Federalist Society convention [video, PoL]
  • John McClaughry reviews Reckless Endangerment, Morgenson/Rosner book on financial crisis [Reason]
  • Daniel Hannan on John Fonte’s new book on transnational law, Sovereignty or Submission [Telegraph, and see chapters 11-12 of Schools for Misrule] International human rights activism pushes into “economic rights” [James P. Kelly III, Federalist Society “Engage”] NGOs exercise oft-envied combination of power without responsibility [Anderson] UK attorney general Dominic Grieve takes on the European court of human rights [Joshua Rozenberg, Guardian] UN battle plan on non-communicable diseases aims to save us from ourselves;
  • Sans statutory authority, EPA wanders into “environmental justice” [PowerLine]

November 16 roundup

  • Sure, let’s subvert sound mortgage accounting in the name of energy efficiency. What could go wrong? [Mark Calabria, Kevin Funnell]
  • California: fireworks shows are “development” and coastal commission can ban ’em [Laer Pearce, Daily Caller]
  • Trial lawyers’ lobbyist: I got Cuomo to bash Chevron in Ecuador case [John Schwartz, NYT]
  • Politics of intimidation: “jobs bill” advocates occupy office of Sen. Minority Leader McConnell (R-Ky.) [ABC News] Union protesters invade Sotheby’s during big auction [NYObserver] “Occupy Denver protesters try to storm conference of conservative bloggers” [Denver Post] “What’s the matter with Oakland?” [Megan McArdle] Post-’08 downturn, not wealth of the few, at root of economic woes [Steve Chapman] “Bohm-Bawerk forget to include [Ms. Katchpole] in his commentaries on sundry theories of interest.” [Tyler Cowen]
  • New breakthroughs in abundant energy aren’t welcome to some [NYT “Room for Debate”] Is GOP wrong to make EPA an issue? [Michael Barone]
  • After extracting $450,000 settlement, employee admits falsifying whistleblower evidence in oil filter antitrust case; class action suits continue [Bloomberg, Abby Schachter/NYPost via PoL]
  • Least surprising Washington-DC-datelined story of year: “Medical malpractice reform efforts stalled” [Politico]