Practical Pointers from Practioners: New Requirements for Foreclosure by Advertisement in the Mitten State

Professors' Corner:  Non-debt Financing for Home Purchase: Risks and Promises

Tuesday, June 9, 2020
12:30 PM ET

A new class of financing options is emerging, including non-debt or equity investment, either facilitating the initial purchase with no borrowing or enabling access to equity from existing homeownership. The presenter will discuss whether the surface appeal of these financing inventions may camouflage risks that if not disclosed and well-managed could portend disruption in the housing markets.  

Presenter: Professor David Reiss, Brooklyn Law School,
Moderator: Professor Shelby D. Green, Elisabeth Haub School of Law

Homeownership has been a key tenet of the American dream. But, over the years, countless Americans have either been unable to fully realize homeownership or have struggled to survive during economic downturns that jeopardize their status as homeowners. During the foreclosure crisis, the US housing market experienced a debilitating crash that continues to have a devastating impact on many individuals and families across the nation. Michigan was one of the first and hardest-hit states. The first phase of Michigan’s foreclosure crisis from 2005 to 2008 was characterized by attrition caused by high unemployment rates, predatory lending, the rapid increase of subprime lending, and the use of unconventional mortgage products. Michigan’s second phase from 2008 to 2010 was characterized by the credit crisis and near collapse of the auto industry. From 2005 to 2010, many Michiganders experienced financial setbacks that sent the Michigan housing market in a downward spiral, plagued by foreclosures. At the height of the crisis, Detroit, one of Michigan’s major cities had the highest foreclosure rate (5 percent) in the nation and ranked second in the nation for the percentage of subprime loans overdue (25 percent). As a result of the crisis, the Michigan legislature responded by passing eight foreclosure-related provisions between January 2005 and May 2010.

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