Add to ORKGThe United States Circuit Courts of Appeals are split on how to calculate restitution in a criminal loan fraud situation where collateral is involved. This trend is best illustrated in cases involving mortgage fraud. The split stems from disagreement over how to account for the lender’s receipt of collateral property. The Third, Seventh, Eighth, and Tenth Circuit Courts of Appeals consider the property returned when the person defrauded receives cash from the sale of collateral property. The Second, Fifth, and Ninth Circuits deem the property returned when the lender takes ownership of the collateral property. This Note argues that the former conception of the offset value ought to govern. This Note also supports a view of property that con...
The subprime mortgage crisis was not only an economic disaster but posed challenges to traditional r...
Insurance—Contest Between First and Second Mortgages; Warrants—Payment of Same Issued in Excess of S...
(Excerpt) In an adversary proceeding, under section 523(a)(2)(A) of title 11 of the United States Co...
The United States Circuit Courts of Appeals are split on how to calculate restitution in a criminal ...
This commentary previews an upcoming Supreme Court case, Robers v. United States. The Supreme Court ...
Trillions of dollars were lost when the mortgage and housing bubble burst in the late 2000s. Some of...
Borrower executed a promissory note to dealer payee, who assigned it to defendant bank. After defaul...
In Neder v. United States, 527 U.S. 1 (1999), the Supreme Court held that proof of materiality is re...
Mortgage fraud, often a violation of federal and state criminal statutes, covers a number of differe...
This Note contends that consumers should have a private damages action under section 10. Part I disc...
Two distinct legal theories have been developed in determining the amount of damages to be awarded i...
This article discusses a California case which held that an identity theft victim in whose name a mo...
Section 548(a)(2) of the Bankruptcy Code empowers a bankruptcy trustee to avoid fraudulent transfers...
The imputation-of-fraud rule bars recovery by a corporation from its outside professionals who fail ...
Restitution is a monetary remedy paid by a perpetrator or a third party to a victim or their family....
The subprime mortgage crisis was not only an economic disaster but posed challenges to traditional r...
Insurance—Contest Between First and Second Mortgages; Warrants—Payment of Same Issued in Excess of S...
(Excerpt) In an adversary proceeding, under section 523(a)(2)(A) of title 11 of the United States Co...
The United States Circuit Courts of Appeals are split on how to calculate restitution in a criminal ...
This commentary previews an upcoming Supreme Court case, Robers v. United States. The Supreme Court ...
Trillions of dollars were lost when the mortgage and housing bubble burst in the late 2000s. Some of...
Borrower executed a promissory note to dealer payee, who assigned it to defendant bank. After defaul...
In Neder v. United States, 527 U.S. 1 (1999), the Supreme Court held that proof of materiality is re...
Mortgage fraud, often a violation of federal and state criminal statutes, covers a number of differe...
This Note contends that consumers should have a private damages action under section 10. Part I disc...
Two distinct legal theories have been developed in determining the amount of damages to be awarded i...
This article discusses a California case which held that an identity theft victim in whose name a mo...
Section 548(a)(2) of the Bankruptcy Code empowers a bankruptcy trustee to avoid fraudulent transfers...
The imputation-of-fraud rule bars recovery by a corporation from its outside professionals who fail ...
Restitution is a monetary remedy paid by a perpetrator or a third party to a victim or their family....
The subprime mortgage crisis was not only an economic disaster but posed challenges to traditional r...
Insurance—Contest Between First and Second Mortgages; Warrants—Payment of Same Issued in Excess of S...
(Excerpt) In an adversary proceeding, under section 523(a)(2)(A) of title 11 of the United States Co...