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Judicial foreclosures in California: is the "fair value" limitation fair to lenders?

Article Abstract:

The California Code of Civil Procedure states that a borrower's personal liability for a debt is limited to the difference between the amount of the loan and the higher of the "fair value" of the property during the foreclosure sale or the equivalent of the property's value during its sale. Actual guidelines in determining "fair value" remain ambiguous in recent judicial foreclosure cases and its definition should be interpreted as equal to the "fair market value," except in cases where the real estate market is liable to a valid provisional condition.

Author: Goldman, James L.
Publisher: Aspen Publishers, Inc.
Publication Name: Real Estate Finance Journal
Subject: Real estate industry
ISSN: 0898-0209
Year: 1997
Mortgage and Nonmortgage Loan Brokers, Consumer Mortgage Loans, Cases, Prices and rates, Real estate industry, California, Real property, Mortgages, Foreclosure

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Japanese investment in U.S. real estate: past and present

Article Abstract:

Japanese banks and other investors invested heavily in US real estate properties during the prosperous 1980s. By the 1990s, these properties were showing massive losses. Japanese banks were slow in addressing their real estate losses in sharp contrast to US banks. This slowness was attributed to the long-term mentality which the Japanese have in their lender borrower relationships. Pressure from the Japanese public and US regulators have prodded the banks to dispose their non-performing real estate portfolios.

Author: Smith, Kenneth G., Moody, Todd A.
Publisher: Aspen Publishers, Inc.
Publication Name: Real Estate Finance Journal
Subject: Real estate industry
ISSN: 0898-0209
Year: 1995
Commercial Banking, United States, Banking industry, Commercial banks, Statistics, Bank investments

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Dynamics of Japanese real estate investment in the US

Article Abstract:

Japanese financial institutions that made excessive and overly optimistic investments in the US real estate market in the 1980s now must pay for those mistakes. Those investments resulted, in part, from a strong yen and a lack of investment options in Japan. A broad overview, providing both historical perspective and an analysis of current conditions, of Japanese investments in US property is presented.

Author: Smith, Kenneth G., Moody, Todd A.
Publisher: West Group
Publication Name: Real Estate Review
Subject: Real estate industry
ISSN: 0034-0790
Year: 1995
Financial Services, Finance and Insurance, Management, International aspects, Financial institutions, Institutional investments

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Subjects list: Real estate, Foreign investments, Investments, Real estate investment, Real estate investments
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