Wednesday, March 30, 2011

Lind on Public Nuisance Law and Bank-Owned Housing

Lind Kermit Lind (Cleveland State) has posted Can Public Nuisance Law Protect Your Neighborhood from Big Banks? (Suffolk Law Review) on SSRN.  Here's the abstract:

One manifestation of the mortgage crisis of the past decade is the destabilization of housing markets and neighborhoods where mortgage defaults were concentrated. As banks and their mortgage servicers employ business practices that result in banks or their agents controlling or owning vacant dwellings, the noncompliance with housing and other municipal codes by these institutional absentee owners presents neighborhoods and cities with a huge and costly public nuisance problem.

This article explores both the theory of public nuisance law and the experience of applying nuisance law in practice to mitigate the harmful consequences of bank debt collection and REO management. It looks at how and to what extent public nuisance law provides protection for those non-defaulting homeowners whose health, safety and welfare are threatened by the business practices of big banks. It compares litigation that applies public nuisance law in different ways to distinguish viable uses from unsuccessful uses of public nuisance law doctrine. The recent efforts to use public nuisance law against manufacturers and marketers of harmful products like guns and tobacco are distinguished from the application of public nuisance law against owners of real estate maintenance deficiencies are in violation of laws protecting the public health, safety and welfare.

Steve Clowney

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So what can a homeowner do? I live adjacent to a blighted foreclosed Bank of America house. I have filed every complaint with every organization that I can think of. Bank of America has violated state laws in my state such as the Nuisance Law and Fraudulent Conveyance-Quiet Title Law and yet here I am not being compensated for my loss while the greedy mongers at Bank of America continue to laugh at us. We as innocent homeowners need help. Any suggestions or ideas?

Posted by: carol | Apr 3, 2012 12:33:47 PM

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