Author Archives: Jeff Sovern

Fisher Study of Stalled Foreclosures

Linda Fisher of Seton Hall has written Shadowed by the Shadow Inventory: A Newark, New Jersey Case Study of Stalled Foreclosures & Their Consequences, forthcoming in the UC Irvine Law Review.  Here's the abstract: Foreclosure activity has declined recently in some areas, but a number of states, such as Florida, New Jersey, and Illinois, showed […]

Will the Democrats Reform the Filibuster to Permit Cordray Confirmation?

That's the topic of a Times article, Democrats Plan Challenge to G.O.P.’s Filibuster Use.  The plan seems to be to leave unchanged the filibuster rules for legislation and confirmation of judges, but limit use of the filibuster for votes on confirmation of agency appointees. Such a change would make it easier to vote on confirmation […]

Papke Paper on RTO, Payday Lending, and Title Pawn Businesses

David Ray Papke of Marquette has written Perpetuating Poverty: Exploitative Businesses, the Urban Poor, and the Failure of Liberal Reform. Here's the abstract: This article scrutinizes the rent-to-own, payday lending, and title pawn businesses – all of which target and exploit the urban poor.  Each type of business has developed a sophisticated business model that […]

Paper on the “Show Me the Note” Defense

Bradley T. Borden and David J. Reiss, both of the Brooklyn faculty, and William KeAupuni Akina, a student at the school, have written Show Me the Note!, Westlaw Journal Bank & Lender Liability (June 3, 2013).  Here's the abstract: News outlets and foreclosure defense blogs have focused attention on the defense commonly referred to as […]

Molly Rose Goodman on Toxic Titles and Title Insurance

Kathleen Engel of Suffolk has forwarded an article one of her students, Molly Rose Goodman,  wrote for the Real Estate Law Journal.  The piece is titled The Buck Stops Here: Toxic Titles and Title Insurance, and the cite is 42 Real Est. L. J. 5 (2013).  Here's the abstract: By failing to properly transfer ownership of loans […]

Amy Schmitz on Gender and Consumer Contracts

Amy Schmitz of Colorado has written Sex Matters: Considering Gender in Consumer Contracts, 19 Cardozo Journal of Law & Gender 437 (2013). Here's the abstract:   We hear about the so-called “War on Women” and persisting salary gaps between men and women in the popular media, but contracts scholars and policymakers rarely discuss gender. Instead, […]

American Banker: Truth in Lending Litigation Slows But Bankers Remain Wary

by Jeff Sovern Here (behind paywall).  Excerpt:   Court decisions tied to the 1968 law fell 18% year over year during a12-month period that ended May 31, to 1,037, data from the National ConsumerLaw Center shows. That number is down 38% from the peak two years earlier. The pace of new litigation is also slowing. […]

Will the Senate Compromise on the Cordray Confirmation?

by Jeff Sovern From time to time, reports appear that Senator Portman is trying to broker a compromise that would permit confirmation of Richard Cordray as CFPB director.  And some, including Ballard Spahr's Alan Kaplinsky, have predicted that a compromise will be eventually be reached.  I don't have any inside information–it's not as if legislators […]

Senate Adjourns Without Passing Student Loan Bill So Rates Will Increase Monday

Congress could still act after Monday to reduce rates retroactively, however.  The Wall Street Journal has more here.  An excerpt: As of Thursday afternoon, Democratic backers of the one-year freeze of current rates said Majority Leader Harry Reid (D., Nev.) had promised there would be a vote on July 10 on their bill. An aide […]