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The impact of the usury statutes on mortgage agreements relating to pre- or post-judgment interest

Article Abstract:

A ceiling on agreed-upon post-default and post judgment interest rates is necessary that could be different for individuals and corporations as it is difficult for the New York courts to interpret the agreements of pre-judgment and post-judgment rate of interest. The courts have decided that the parties involved in the contract may agree to a post-default interest rate, which is different from the statutory rate and the rate is not subject to civil or criminal usury statutes.

Author: Bowmar, Robert H.
Publisher: West Group
Publication Name: Real Estate Review
Subject: Real estate industry
ISSN: 0034-0790
Year: 2004
Interest Rates, New York, Influence, Usury laws, Usury, Refinancing

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Defeating suretyship defenses by reservation of rights: a moribund doctrine?

Article Abstract:

Issues are presented concerning the technical differences between sureties and guarantors when considering suretyship defenses or rights. The effects of the Restatement of Suretyship and Guaranty and Revised UCC Article 3, which was revised in 1995, are discussed.

Author: Bowmar, Robert H.
Publisher: West Group
Publication Name: Real Estate Review
Subject: Real estate industry
ISSN: 0034-0790
Year: 2000
Mortgages, Suretyship and guaranty, Guarantees, Sureties

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Validity, construction, and application of School Impact Fee Statutes or Ordinances

Article Abstract:

The interpretation and applicability of the statutes governing the funding of the expansion of school buildings in the United States is presented.

Author: LeFaivre, Michael L.
Publisher: West Group
Publication Name: Real Estate Review
Subject: Real estate industry
ISSN: 0034-0790
Year: 2007
Government expenditures, Government domestic functions, School buildings, Government finance, Education policy

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Subjects list: Laws, regulations and rules, Government regulation, United States
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