State’s statute(s)

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Instructions
Building upon the previous written assignment, contractual agreements also provide methods for securing and retaining property. There are various methods in securing and retaining ownership of property or a right to ownership of the subject property. When a party fails to maintain his or her obligation under the contractual agreement, the subject property is subjected to foreclosure. This is facilitated through concepts such as title and lien theories. Each state has its own theory on this issue, which is described as using judicial foreclosure or non-judicial foreclosure.
Outside of foreclosures, a buyer typically will purchase the property via various real estate finance options. In terms of real estate financing, there are multiple methods. These methods range from conventional mortgages, to government-insured loans to seller financing options. In this essay assignment, you will also explore these aspects as well.
Instructions
(1) Research and provide your state’s statute(s) on the foreclosure process. You might start by reviewing this article, You might also review the following source:http://www.foreclosurelaw.org/index.htm. With a better understanding, you can then turn to Westlaw in the University Library to finalize your research.
Foreclosurelaw.com. United States foreclosure laws. (n.d.). Retrieved from http://www.foreclosurelaw.org/index.htm
(2) Answer and respond to the following in short essay format, of roughly 2 pages in length:
A. Explain the connection between judicial and non-judicial foreclosure and title and lien theory. Describe the difference between the two theories. What are the advantages and disadvantages of each theory?
B. Is your jurisdiction a lien theory or title theory state and how does the foreclosure process apply in this context?
C. Explain the differences between FHA and VA loans, including qualifications, eligibility, and other important factors.

D. Choose four (4) types of mortgages from the following list and compare and contrast these types of mortgages.
• Wraparound
• Blanket
• Balloon
• Junior
• Term
• Growing Equity (GEM)
• Adjustable Rate (ARM) or Variable Rate
• Open-End
• Amortizing
• Participation
(3) Cite all sources of information utilized.
(4) The viewpoint and purpose of this essay should be clearly established and sustained. Assignment should follow the conventions of Standard English (correct grammar, punctuation, etc.). Your writing should be well ordered, logical and unified, as well as original and insightful. Your work should display superior content, organization, style, and mechanics. Use the appropriate citation style for all citations.

 

 

 

 

Sample Solution

The foreclosure process is marginally different in every state, but universal in some aspects. Incase you are facing foreclosure as a result of missed mortgage payments, or just need help in understanding the laws and processes that may occur in your state, you’ve come to the right place. This section addresses both federal and state laws affecting foreclosure, including foreclosure by judicial or power of sale; affidavits and “robo-signing;” foreclosure tax relief; and regaining ownership after foreclosure. This section also includes state-specific information on foreclosure and what you can do to stop or slow down the foreclosure process

within the scope of abuse of rights, making it the first example of circumvention. Van Binsbergens lawyer had established himself in Belgium in order to avoid stricter rules in the Netherlands, which under Dutch law meant he lost the right to represent his client. This clearly constitutes circumvention, where a person: (1) established himself in another Member State, (2) in order to avoid the legislation of his home Member State. Though Centros narrowed the scope of the general concept, this remains the most common form of alleged abuse of rights before the CJEU.

2.3 Fraudulent Behaviour
In order to benefit from countless provisions of Union law, certain conditions must be fulfilled honestly and obtained in good faith. For fraud to occur, the claim to rights here must be based on objective false premises. An example can be found in the Van de Bijl case, where Dutch authorities questioned the validity of a certificate which a painter claimed meant that pursuant to Directive 64/427/EEC, he should be allowed to perform professionally in another Member State. The false certificate was deemed enough to constitute fraud, and Van de Bijl was not allowed access to the rights he sought.

2.4 Misuse
Misuse is a broad concept which encompasses activities by economic actors which are, in their result, contrary to the purpose of the right in question. In such a situation, the question is if the national measures at issue jeopardise the supremacy and uniform application of Union law. National courts are thus free to apply measures up to this point only, as to do otherwise would be contrary to the division of authority between Member State and the Union.

Part II: Abuse of law in the context of Taxation (dev of wholly artificial arrangements??)

3. Judicial Anti-Abuse tests
The Court has consistently used several terms to designate abuse of law in non-harmonised areas of taxation and abuse of rights in harmonised areas of tax.

In the context of taxation, many regard the starting point of the developme

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