[PDF] Foreclosed Justice eBook

Author : John A. Fliter
Publisher : University Press of Kansas
Page : 232 pages
File Size : 17,96 MB
Release : 2012-09-05
Category : Law
ISBN : 0700618724

GET BOOK

In the depths of the Great Depression, when foreclosure rates skyrocketed across the United States, more than two dozen states passed mortgage-extension or -adjustment laws to help farmers and homeowners keep their properties. One such statute in Minnesota led to the most important property law case of its time and still casts a long shadow upon constitutional debates and our own era's severe economic downturn. Fighting Foreclosure marks the first book-length study of the landmark 1934 Supreme Court decision in Home Building and Loan Association v. Blaisdell, which, by a 5-4 vote, upheld the Minnesota Mortgage Moratorium Act. On the one hand, Blaisdell validated efforts by states to offer legislative relief to citizens struggling to keep their farms and homes. On the other, it caused an outcry among banking interests and conservative legal theorists, who argued that these laws violated the Contract Clause of the Constitution and interfered with our free market system. In his majority opinion, Chief Justice Charles Evans Hughes argued that the reasonable and limited nature of the law and the unusual severity of the emergency it addressed placed it firmly within the "police powers" of the states to protect the health and safety of the people. In a strongly worded dissent, Justice George Sutherland argued for a consistent and strict interpretation of the Contract Clause regardless of economic exigency. John Fliter and Derek Hoff provide a concise history and analysis of not only this landmark case and the reasoning behind its sharply divided decision but also of the entire history of the Contract Clause. They trace closely the agricultural crisis, political pressures, and farmer-protest movement that produced the Minnesota law. And their study contributes to scholarly debate about the origins of the Constitutional Revolution of 1937, by which the Supreme Court accepted the New Deal, as well as to public debates about constitutional interpretation and the role that government should play in providing relief to distressed citizens. In the midst of our nation's ongoing suffering from massive foreclosures and bankruptcies, Fighting Foreclosure also offers a potent reminder that the High Court's decisions often revolve around lives at risk as much as abstract legal debates.

Author : United States. Congress
Publisher : Createspace Independent Publishing Platform
Page : 606 pages
File Size : 14,8 MB
Release : 2017-12-23
Category :
ISBN : 9781981941520

GET BOOK

Foreclosed justice : causes and effects of the foreclosure crisis (part I & II) : hearing before the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, second session, December 2, 2010 and December 15, 2010.

Author : Isaac Martin
Publisher : Stanford University Press
Page : 112 pages
File Size : 17,57 MB
Release : 2015-04-01
Category : Social Science
ISBN : 0804795789

GET BOOK

From 2007 to 2012, almost five percent of American adults—about ten million people—lost their homes because they could not make mortgage payments. The scale of this home mortgage crisis is unprecedented—and it's not over. Foreclosures still displace more American homeowners every year than at any time before the twenty-first century. The dispossession and forced displacement of American families affects their health, educational success, and access to jobs. It continues to block any real recovery in the hardest-hit communities. While we now know a lot about how this crisis affected the global economy, we still know very little about how it affected the people who lost their homes. Foreclosed America offers the first representative portrait of those people—who they are, how and where they live after losing their homes, and what they have to say about their finances, their neighborhoods, and American politics. It is a sobering picture of Americans down on their luck, and of a crisis that is testing American democracy.