...Dodd-Frank Act and The Consumer Protection Agency. Finance 5000 Webster University Mr. Smith Patrick Overby Overby41@gmail.com/ 915-540-1267 Spring 2 2015 INTRODUCTION The Wall Street Reform and Consumer Protection Act or the Dodd-Frank Act was signed into law in 2010 due the financial collapse of the economy. It provided regulatory protection for the consumer and oversight on how banks issued loans. It provided a blueprint for how to approach to resolving the challenges that the financial markets can create. The framework of the law resembles The New Deal in the 1930s because of the Great Depression. The reforms implemented by the Dodd-Frank Act will have far-reaching effects on the financial system and our economy. The Dodd-Frank Act allows company stockholder to determine the type of compensation packages of that management receive. Businesses must create a committee to assess and decide the amount awarded to their leaders. There are myriad of viewpoints towards Dodd-Frank from the detractors and proponent of the law. Individuals who are against the law believe that it is inflexible and will hurt businesses. The supporters of the law understand that this will limit the power of the financial institution. Dodd-Frank Act In 2008, the country was going through one of the worst financial crisis in history that resembled the Great Depression of the 1930’s. It not only affected the U.S. but also threatened the total collapse of large financial institutions...
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...University for overall supervision of this work, valuable suggestions, reviews and comments during the program. We are also extremely grateful to (Advocates abul hossen ) , Advocates of high court who has sacrificed his valuable time in providing me necessary information and made detailed comments that has contributed to the planning of this report. In addition, we gladly acknowledge the valuable cooperation and assistance we have received from the employees of high court. It will be really injustice if we do not thank them because without their cooperation we could not do anything. Table of content Part -1 • IMMOVABLE PROPERTY ONLY • SALE • MORTGAGE • LEASE • EXCHANGE • GIFTS • ACTIONABLE CLAIM Part – 2 • Definition of Mortgage • References to mortgagors and mortgagees to include persons deriving title from them. • Rights and Liabilities of Mortgagor Right of mortgagor to redeem. • Obligation to transfer to third party instead of re-transference to mortgagor. • Right to inspection and production of documents. • Right to redeem separately or simultaneously. • Accession to mortgaged property • Right of usufructuary mortgagor to recover possession. • Accession acquired in virtue of transferred ownership. • Improvements to mortgaged property. • Renewal of mortgaged lease. • Implied contracts by mortgagor. • Conclusion: Transfer Of Property (Executive Summary) The most usual way of acquiring an interest...
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...OF FORECLOSURE LAW IN THE WAKE OF THE GREAT HOUSING CRISIS OF 2007-2014 Clinical Professor of Law Notre Dame Law School Judith Fox 54 WASHBURN L. J. (forthcoming, 2015) Notre Dame Law School Legal Studies Research Paper No. 1504 A complete list of Research Papers in this Series can be found at: http://www.ssrn.com/link/notre-dame-legal-studies.html This paper can be downloaded without charge from the Social Science Research Network electronic library at http://ssrn.com/abstract=2573203 Electronic copy available at: http://ssrn.com/abstract=2573203 The Future of Foreclosure Law in the Wake of the Great Housing Crisis of 2007-2014 Judith Fox* ABSTRACT As 2014 came to an end so, perhaps, did the worst foreclosure crisis in U.S. history. On January 15, 2015, RealityTrac, one of the nation’s leading reporters of housing data, declared the foreclosure crisis had ended. Whether or not their declaration proves true, the aftermath of the crisis will be felt for years to come. During the crisis it is estimated more than five million families lost their homes to foreclosure. Federal, state and local responses to the crisis changed laws and perceptions regarding foreclosure. Despite these changes, we end the crisis much the way we began---with a nationwide foreclosure system mistrusted and disliked by lenders and consumers alike. This paper examines the responses to the crisis in an effort to determine what worked, what did not, and where foreclosure law should go from...
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...is focusing on subprime mortgages and the housing market bubble. The paper will also analyze Fannie Mae and Freddie Mac and how they are linked to the subprime mortgage crisis, including potential solutions to the crisis. References have been added to each section to show which references are being used in which section. References will be added as needed. 1) Abstract a. 120 word overview of paper 2) Introduction a. Introduction to the topic of subprime mortgages and the housing market bubble. b. Timeline of the crisis and housing market bubble burst 3) Discussion Content a. Definitions and background information on the following topics: i. Mortgages ii. Housing Market iii. Subprime Mortgages 1. Demyanyk, Y., & Van Hemert, O. (2011). Understanding the Subprime Mortgage Crisis. Review of Financial Studies, 24(6), 1848-1880. 2. Karikari, J., Voicu, I., & Fang, I. (2011). FHA vs. Subprime Mortgage Originations: Is FHA the Answer to Subprime Lending?. Journal of Real Estate Finance and Economics, 43(4), 441-458. doi.10.1007/s11146-009-9218-7. iv. Housing Market Bubble Burst b. Overview and causes of the subprime mortgage crisis i. Fixed mortgage versus floating 1. Demyanyk, Y., & Van Hemert, O. (2011). Understanding the Subprime Mortgage Crisis. Review of Financial Studies, 24(6), 1848-1880. ii. High risk mortgage loans and lending/borrowing practices 1. Peterson, C.L. (2009). Fannie Mae, Freddie Mac, and the Home Mortgage Foreclosure Crisis. Loyola...
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...Government Regulation of the Mortgage Industry The residential mortgage industry has come under deep scrutiny after the market crash and recession that occurred in the United States from approximately 2007 through 2011. The causes of the market collapse however, started over a decade earlier. The development of new mortgage products and new methods in the way those mortgage products were invested, outpaced the regulatory standards the Federal government had previously established. Understanding the role of government previous to and post the mortgage industry collapse will be the focus of this market examination. The mortgage industry is regulated by several government intuitions and regulations. The regulations are split between the protection of the consumer in lending decisions and the regulation of the bank in the lending practices. The agencies that regulate the industry are the FDIC, FTC, CFPB, and the OCC. These agencies regulate and give oversight to the industry. The laws or acts that regulate the industry are mainly the TILA, ECOA, RESPA, Regulation Z, and the Patriot Act. The department of justice enforces all mortgage industry laws. The Original Market Failure The market prosperity of the 1990’s brought new investors and capital into the mortgage industry. Investors were ager to find new vehicles for investment and the banking industry saw an opportunity to expand the lending programs that were available to the residential lending market. A mortgage was previously a 10...
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...The recent subprime mortgage crisis in the United States had a devastating impact not only on the economy of the United States, but also on an international level. The only way that many of those who were involved can accept the crisis and their losses is to be able to put someone at fault, which poses the question, who is to blame? This question cannot be answered simply, and involves many complications which have been researched, examined and debated over the years to try to come up with some answers. The only substantial answer that has been formulated is that everyone that was involved in any way is to blame, each for their own reasons. The two main parties involved include the lenders (mortgage companies) and the borrowers (potential homeowners). Mortgage brokers and the US Government also played a part in the way the crisis unfolded, but fell somewhere in the middle. I personally agree that each of these four groups is, in a way, at fault. Borrowers are often seen as the victims, as they were deceived into buying loans that they could not afford, and were then forced to default on their mortgages. What most people do not know is that they are also responsible for deceiving the mortgage companies in return. When attempting to purchase a mortgage, an individual must complete forms containing information about themselves and their family, their economic history, and other information that would help to determine what kind of mortgage they might qualify for. It is fairly...
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...ISSUES IN CANADAS MORTGAGE MARKET What is the applicable law? Under the adjusted mortgage rules: * Reduce the maximum amortization period to 30 years from 35 years for new government-backed insured mortgages with loan-to-value ratios of more than 80 per cent. This will significantly reduce the total interest payments Canadian families make on their mortgages, allow Canadian families to build up equity in their homes more quickly, and help Canadians pay off their mortgages before they retire. * Lower the maximum amount Canadians can borrow in refinancing their mortgages to 85 per cent from 90 per cent of the value of their homes. This will promote saving through home ownership and limit the repackaging of consumer debt into mortgages guaranteed by taxpayers. * Withdraw government insurance backing on lines of credit secured by homes, such as home equity lines of credit, or HELOCs. This will ensure that risks associated with consumer debt products used to borrow funds unrelated to house purchases are managed by the financial institutions and not borne by taxpayers. What are the relevant regulatory agencies or bodies? Describe their roles. The Office of the Superintendent of Financial Institutions (OSFI) regulates federally licensed banks, trust companies, insurance companies, credit unions and some provincial financial institutions. It was created in 1987 to supervise the financial institutions and to build consumer confidence in the Canadian financial system...
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...examines the role our laws and regulations have played in increasing wealth inequality in the United States. Stiglitz starts the chapter by explaining why we need a rule of law. He states that we have laws “to provide incentives for each of us to avoid injuries to others” (236), because without laws the incentives to not injure someone else are inadequate. Rules and regulation affect the efficiency and distribution of wealth in our economic system, and that is why those with wealth use their political power to shape the rule of law in their favor. Stiglitz asserts that the rule of law is thought of as being designed to protect the weak, but the wealthy use their power to make sure it does the exact opposite. Stiglitz goes on to examine three contexts (examples) supporting his claims....
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...How Business Ethics Relates to Subprime Mortgage Market By Wanda Thibodeaux, eHow Contributor Many people have lost their homes as a result of unethical suprime mortgage practices. The ability to have a home of your own in the United States typically depends on your ability to repay a mortgage, since most Americans don't purchase their homes outright. Because not everyone has perfect credit, a section of the mortgage industry involves subprime loans. In the wake of the mortgage and foreclosure crisis that began in 2007, the ethics of those in the industry is under scrutiny. Other People Are Reading How Do Subprime Loans Affect Business Growth? Code of Ethics for Business in the Philippines Print this article Subprime Mortgage Definition A definition of subprime mortgage is necessary to understand the relationship between the industry and ethics. Subprime mortgages are mortgage loans lenders provide only to those whose credit disqualifies them from receiving the best (prime) interest rates a lender can offer. A subprime mortgage by definition means that lenders work with those with a lesser ability to pay. Roughly 25 percent of all mortgages are subprime, according to Thomas Kostigen of the Wall Street Journal's MarketWatch website. Fiduciary Duties and Ethical Problems Businesses typically operate under fiduciary duties, or obligations. These fall into two broad categories of loyalty and care. These duties essentially stipulate that a businessperson should...
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...Risk and Return Essay: Mortgage Crisis of 2008 The American Dream has been a standard set centuries ago with ideas full of prosperity and success that would drive families upward in the social ladder. The American Dream has become the character by which our country is defined; therefore, it has long been a land that is desired by others living in conditions that aren’t geared toward this ideology. It has changed throughout the years as different historical marks have altered the mindset of the United States. The ability to pursue happiness outright, education, owning a business, and leaving a legacy is the pipeline for this dream that is sought not only by people in the United States, but also by those seeking to establish themselves in this land that is overflowing with honey. One of the major factors in the American Dream which hasn’t changed much over the course of time is homeownership. Homeownership is becoming an exclusive members’ club (Jones, 2014). The increase in homeownership after 2001 provided a big boom for our economy; temporarily. In 1999, Congress passed the Gramm-Leach-Bliley Act, which was also known as the Financial Services Modernization Act of 1999. This law repealed some of the Glass-Steagall Act of 1933, allowing banks, securities companies, and insurance companies to act as a combination of an investment back, commercial bank, and an insurance company which created financial supermarkets (Jenkins, 2012). The United States economy was in...
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...Legal issues concerning sub-prime mortgage lenders Outline I. Introduction II. Subprime History III. What lead to subprime lenders making unethical and illegal decisions IV. What safe guards are in place V. Conclusions VI. Works cited page Introduction When most people hear the phrase “subprime lending”, the first thoughts that come to mind are the mortgage meltdown; predatory lenders, high interest mortgages for borrowers who have poor credit or low incomes. All of these thoughts may be true to a certain extent, but contrary to popular belief subprime mortgage lending has helped expand homeownership for all borrowers regardless of credit or income level in the US between 1995 and 2006 (Favro, 07). The problem is that this ethical and legal lending market took an unethical and illegal turn and has been cited as one of the contributing factors that aided in many Americans defaulting on their home loans that resulted in sending this country and many others into one of the biggest recessions since the Great Depression. It has been almost six years since the subprime meltdown and this country, the housing markets, and the economy have yet to fully recovered. In this research paper I will cover the history and original purpose of subprime lending, what lured the subprime lending market to take an unethical and illegal turn, and what safeguards have been put in place to lessen the likely hood of subprime mortgage lenders making unethical and illegal...
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...Abstract This paper investigates the unethical practices of mortgage brokers, spurred on by an overzealous government, that have resulted in the collapse of the housing market and the subsequent decline of the American economy. It also reviews the proper role of subprime mortgages in the market as well as an analysis of the systemic effects of the subprime mortgage market on the global economy. Introduction The problem to be investigated is how the subprime loan market influenced the market collapse of 2008. The unethical practices of mortgage brokers, spurred on by an overzealous government, resulted in the collapse of the housing market and the subsequent decline of the American economy. This in turn affected worldwide markets and has led to instability throughout the world as countries scramble to shore up their economies with loans and bailouts. Ethics of Subprime Mortgage Brokers While the ethics of subprime mortgage brokers can certainly be questioned, they cannot take the brunt of the blame for the crisis that befell the economy beginning in 2007-2008. Economist Lawrence White attributes the financial collapse of 2008 with the political effort to expand home ownership to those people who were not qualified under traditional market constraints (Yandle, 2010, p.346). Nevertheless, the attractiveness of the subprime loan market to brokers cannot be denied as the significant growth of that market between the years of 1994 and 2008 was accompanied by an increase...
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...by Bureau of Consumer Financial Protection and their role is to provide consumers the information related to the terms of their agreements with financial companies during their application for a mortgage, choosing among credit cards, or using any number of other consumer financial products. The mortgage market is the single largest market for consumer financial products and services in the United States, with approximately $10.3 trillion in loans outstanding. During the last decade, the market went through an unprecedented cycle of expansion and contraction that was fuelled in part by the securitization of mortgages and creation of increasingly sophisticated derivative products. This led to the collapse of financial system in 2008 and sparked the most severe recession in the United States. Four years later, home prices are down 35 percent from peak to trough on a national basis. The fall in housing prices is estimated to have resulted in about $7 trillion in household wealth losses. In the aftermath of 2008-2009 home loan mortgage crises, it has become even more paramount to regulate the housing and real estate loan markets and transactions so as to provide protection to the end customers. The role of this agency is very important as it helps sort out questions and complaints on mortgages, credit cards, student loans and more. 2. Describe the...
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...1. The Law of Mortgages resolves disputes between a borrower and a lender, who has been granted a “mortgage” as security over the borrower’s land. Who is the “mortgagee”? Borrower Lender Who is the “mortgagor”? Borrower Lender 2. How are mortgages created? Terms in the mortgage contract that restrict the right to redeem or which are “oppressive or unconscionable” may be struck out by the court. A clause in a mortgage agreement provided that the debt could not be repaid until either the lender called in the loan or upon the expiry of 50 years. Discuss the validity of this clause What procedure does a lender have to follow in order to obtain a court order for possession of mortgaged residential property? What are the possible outcomes of the hearing? What is the text of section 36 of the Administration of Justice Act 1970? Under what circumstances does a judge have discretion to postpone/suspend a possession order for residential property? Study pp700-705 of Gateway including the extracts from Cheltenham & Gloucester Building Society v Norgan [1996] What factors does the borrower have to prove in order to obtain a suspended possession...
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...lending and several laws were developed to help prevent future predatory lending issues. What is predatory lending? Predatory lending is any lending practice that imposes unfair or abusive loan terms on a borrower. It is also any practice that convinces a borrower to accept unfair terms through coercive, deceptive, exploitative, or unscrupulous actions for a loan that a borrower can’t afford, doesn’t need, or doesn’t want. Predatory lending benefits the lender, not the borrower by ignoring or hindering the borrower’s ability to repay the debt. These lending tactics attempt to take advantage of a borrower’s lack of understanding about loans, terms, or finances in general (Krulick, 2014). Who can be targeted in these illegal practices? Predatory lenders typically target minorities, poor, elderly, and less educated people. People who need immediate cash are also targeted. For example people that need to pay medical bills, need to make a home repair, or someone that needs help making a car payment. People with credit issues or people who recently lost their jobs can be targets as well. The credit issues often disqualify borrowers from conventional loans or lines of credit but yet they have substantial equity in their homes. Predatory lending can take place in many forms including payday loans, car loans, tax refund anticipation loans, or any type of consumer debt. Over the past several years, predatory lending practices were prevalent in the area of home mortgages. Since home loans...
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