Professors' Corner

Professors' Corner: History of The Common Law Mortgage and Lessons for Today’s Mortgage Market

Professors' Corner is a monthly webinar which features a panel of law professors, discussing recent cases or issues of interest to real estate or trust and estate practitioners and scholars. The Professor's Corner Webinar is sponsored by the Joint Legal Education and Uniform Laws Group of the ABA Section of Real Property, Trust and Estate Law

Joint Legal Education and Uniform Laws Group

History Of The Common Law Mortgage And Lessons For Today’s Mortgage Market

Tuesday, May 14, 2019
12:30-1:30 pm ET
(11:30 am CT, 10:30 am MT, 9:30 am PT)

Speakers:

Grant Nelson, William H. Rehnquist Professor of Law, Pepperdine University School of Law
David Waddilove, Post-Doctoral Fellow, Project on the Foundations of Private Law, Harvard Law School
Dale Whitman, James E. Campbell Missouri Endowed Professor Emeritus of Law, University of Missouri School of Law

Moderator: Shelby Green, Elisabeth Haub School of Law, Pace University

In recent years, we have seen the increasing use of private homes, both apartments in urban areas and single-family homes in suburbia, for short term rentals—typically offering a room within the property for a few days at a time, much like hotels. There are a number of societal concerns about this practice—the spaces rented may not comply with health and safety standards required of hotels, the coming and going of strangers may be unsettling to neighbors, the lost hotel tax revenues can be crippling to local governments, and the spaces rented for the short term are not being made available for long-term housing. The panelists will tell us what is behind this phenomenon, how the regulatory regimes (both public and private) have responded to curtail it and comment on the impact on the emerging sharing economy, on communities, and on the meaning of rights in property.

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Register now for this FREE program and join us every second Tuesday of each month for a discussion of these and other current issues. (The content of this program does not meet requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for this program).

The Professors' Corner is a FREE monthly webinar (non-CLE) featuring a panel of law professors addressing topics of interest to practitioners of real estate and trusts/estates. This webinar series is sponsored by the Joint Legal Education and Uniform Laws Group of the ABA Section of Real Property, Trust and Estate Law.

The content of this program does not meet requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for for this program or any Professors’ Corner programs.

This content is for Real Property, Trust and Estate Law Section members only. Please login now to view recordings. If you are not a member of the RPTE Section don’t worry, it’s easy to Join Now! Learn more about the RPTE Section member benefits

Upcoming Programs

Foreclosed: Mortgage Servicing and the Hidden Architecture of Homeownership in America

Tuesday, June 11, 2019
12:30-1:30 pm ET

Faculty: Chris Odinet, Associate Professor of Law, University of Oklahoma College of Law

Moderator: Elizabeth Carter, Louisiana State Univ Hebert Law Center

The panel will discuss Professor Chris Odinet’s recently published book from Cambridge University Press, Foreclosed: Mortgage Servicing and the Hidden Architecture of Homeownership in America (Cambridge Univ. Press 2019). From the publisher’s website: “In Foreclosed, Christopher K. Odinet gives voice to the stories of homeowners that have been neglected, particularly those facing foreclosure and deep financial distress. The book reveals the powerful and often invisible mortgage servicing industry, the tremendous discretionary power it wields over the housing lives of most Americans, and the servicing problems that still persist today. In doing so, it unveils a quiet and dangerous market shift in mortgage servicing - namely, an ongoing move toward a shadow banking sector where regulation is weak - that threatens the stability of our housing finance system. Ultimately, the book demonstrates how the law does not afford homeowners the protection most think and how regulation of these mortgage middlemen remains weak. Foreclosed should be read by anyone concerned with the state of housing and home ownership in the United States.”

Short-Term Rentals

Tuesday, July 9, 2019
12:30-1:30 pm ET

Faculty: Donald J. Kochan, Parker S. Kennedy Professor in Law and Associate Dean for Research & Faculty Development, Chapman University Fowler School of Law and Gregory M. Stein, Woolf, McClane, Bright, Allen & Carpenter Distinguished Professor of Law, University of Tennessee College of Law

Faculty: Janice C. Griffith, Professor of Law, Suffolk University Law School and Darryl C. Wilson, Associate Dean for Faculty and Strategic Initiatives; Attorneys' Title Insurance Fund Professor of Law; and Co-Director, Institute for Caribbean Law and Policy, Stetson University College of Law

Moderator: Shelby Green, Pace University School of Law

Women and Wills: An Empirical Analysis of the Married Women's Property Act and Its Remarkable Resonance Today

Tuesday, August 13, 2019
12:30-1:30 pm ET

Faculty: Kristine S. Knaplund, Professor of Law, Pepperdine University School of Law

Moderator: Amy Hess, Univ of Tennessee College of Law

By 1900, Missouri had a quarter century’s experience with its version of the Married Women’s Property Act, enacted in 1875 to reverse the common law and decree that personal property acquired by a married woman was her own; in 1889 a similar statute gave her control of her real property. Had enough time passed for her to accumulate enough wealth to execute a will? If she did, would she leave her property to her husband, or to others? Was her will more likely to be challenged than a man’s? This webinar will discuss a recent study that examined every probate file from 1900 St Louis--805 files in all--to look into these questions and more to identify the real impact of the Married Women's Property Act reform and understand the lessons from this empirical research for property rights and wills today."

Affordable Housing

Tuesday, September 10, 2019
12:30-1:30 pm ET

Faculty: Priya S. Gupta, Professor of Law, Southwestern University Law School and Navneet Grewal, Senior Attorney, Western Center on Poverty & Law

Moderator: Jim Durham, Univ of Dayton School of Law

Understanding the Complicated Landscape of Civil War Monuments

Tuesday, October 8, 2019
12:30-1:30 pm ET

Faculty: Jessica Owley, Professor, University at Buffalo School of Law; Jess R. Phelps, Dinse, Knapp & McAndrew and Adam Swensek, Special Counsel to the Chief Justice, Louisiana Supreme Court

Moderator: Tanya Marsh, Wake Forest University School of Law

Restrictive Zoning and the NIMBY Movement

Tuesday, November 12, 2019
12:30-1:30 pm ET

Faculty: John Infranca, Associate Professor of Law, Suffolk University Law School and Michael Lewyn, Professor of Law and Director of the Institute on Land Use and Sustainable Development and Associate Professor of Law, Touro College Jacob D. Fuchsberg Law Center

Rural Blight

Tuesday, December 10, 2019
12:30-1:30 pm ET

Faculty: Ann Eisenberg, Assistant Professor of Law, University of South Carolina School of Law and Jesse Richardson, Professor of Law and Lead Land Use Attorney, West Virginia University College of Law
Vacant, abandoned, and dilapidated buildings plague rural communities. Yet, few resources are available to practitioners, academics, and policymakers who wish to understand and address the unique legal issues often characterizing rural blight. This discussion will cover the factors that may make blight remediation different in rural areas, how rural practitioners and local governments can approach the issue despite limited resources, and the policy reforms that show potential to facilitate tackling blight in rural communities.