Do Cities Have Standing? Redressing the Externalities of Predatory Lending PDF Download
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Author: Kathleen C. Engel Publisher: ISBN: Category : Languages : en Pages : 57
Book Description
Predatory lenders penetrate communities and, like polluters, leave distressed properties and desperate people in their wakes. The task of cleaning up falls to cities, yet predatory lending reduces the resources available for this clean up. Declining property values resulting from predatory lending mean reduced tax revenues just as empty buildings lead to increased demand for fire and police protection. City budgets are further strained as victims of predatory lending turn to cities for relief programs and protection from abusive lenders. In the language of economics, predatory lending imposes negative externalities on cities.Lawyers across the country are pursuing claims on behalf of victims of predatory lending. Legislators are passing new laws to extend protection to borrowers and researchers are exploring the causes and cures for predatory lending. Yet, little attention has been paid to the plight of cities.In this article, I analyze whether cities have standing to recover damages for the externalities that predatory lenders impose on them and whether cities have standing as parens patriae to pursue claims against predatory lenders. The paper begins with a description of the impact predatory lending has on municipalities and then turns to the law governing municipal standing to sue predatory lenders. I also examine particular claims cities could bring against predatory lenders and the bases for city standing to bring these claims. My conclusion is that broad grants of standing to cities to pursue claims against predatory lenders are necessary to enable cities to protect residents from lender wrongdoing, to recover damages for the injuries predatory lenders impose on cities, and to force abusive lenders to internalize the externalities of their lending practices.
Author: Kathleen C. Engel Publisher: ISBN: Category : Languages : en Pages : 57
Book Description
Predatory lenders penetrate communities and, like polluters, leave distressed properties and desperate people in their wakes. The task of cleaning up falls to cities, yet predatory lending reduces the resources available for this clean up. Declining property values resulting from predatory lending mean reduced tax revenues just as empty buildings lead to increased demand for fire and police protection. City budgets are further strained as victims of predatory lending turn to cities for relief programs and protection from abusive lenders. In the language of economics, predatory lending imposes negative externalities on cities.Lawyers across the country are pursuing claims on behalf of victims of predatory lending. Legislators are passing new laws to extend protection to borrowers and researchers are exploring the causes and cures for predatory lending. Yet, little attention has been paid to the plight of cities.In this article, I analyze whether cities have standing to recover damages for the externalities that predatory lenders impose on them and whether cities have standing as parens patriae to pursue claims against predatory lenders. The paper begins with a description of the impact predatory lending has on municipalities and then turns to the law governing municipal standing to sue predatory lenders. I also examine particular claims cities could bring against predatory lenders and the bases for city standing to bring these claims. My conclusion is that broad grants of standing to cities to pursue claims against predatory lenders are necessary to enable cities to protect residents from lender wrongdoing, to recover damages for the injuries predatory lenders impose on cities, and to force abusive lenders to internalize the externalities of their lending practices.
Author: Kathleen C. Engel Publisher: ISBN: Category : Languages : en Pages : 14
Book Description
In 2006, before the subprime mortgage crisis and the collapse of the financial markets, I wrote an article titled Do Cities Have Standing? Redressing the Externalities of Predatory Lending. In the article, I addressed the possibility that cities had standing to recover for the damage that predatory lenders were inflicting on their communities. At the time, exploitative lenders were putting unsophisticated borrowers in loans they could not afford, and many of those borrowers have since lost or will lose their homes.Municipalities were in impossible positions. They were powerless to prevent abusive lending. Only state and federal legislatures and regulators had the authority to restrict unfair loan products; yet the cities bore the burden of unaffordable loans in the form of abandoned property, displaced families, increased demands for police and fire protection, and declining tax revenues.The focus of my article was analyzing the availability of (1) parens patriae standing to cities and (2) city standing based on direct injuries in claims against lenders who engaged in predatory lending. In the course of the article, I also identified potential claims cities could bring and argued for broader municipal standing. Jonathan Entin and Shadya Yazback wrote an article in response to Do Cities Have Standing, in which they echoed my analysis of city standing as parens patriae and as claimants for injuries to their proprietary interests. They also explored the potential for claims under the Fair Housing Act and discussed the role that preemption has played in limiting cities' ability to directly regulate lenders.Eight years later, we now know more about the role of lenders in exploiting borrowers. We also know more about the impact that exploitative and unfair lending has had on communities. And, most importantly for this essay, several cities have brought lawsuits that test some of the theories I put forth in my original article.
Author: United States. Congress. House. Committee on Financial Services. Subcommittee on Housing and Community Opportunity Publisher: ISBN: Category : Law Languages : en Pages : 544
Author: Nestor Davidson Publisher: Taylor & Francis ISBN: 1317107624 Category : Law Languages : en Pages : 169
Book Description
The rich field of urban law has thus far lacked a holistic and concerted scholarly focus on comparative and global perspectives. This work offers new inroads into the global and comparative streams within urban law by presenting emerging frameworks and approaches to topics ranging from urban housing and land use to legal informality and consumer financial protection. The volume brings together a group of international urban legal scholars to highlight emergent global, interdisciplinary perspectives within the field of urban law, particularly as they have import for comparative legal analysis. The book presents a timely addition to the literature given the urgent legal issues that continue to surface in an age of rapid urbanization and globalization.
Author: Julia Sass Rubin Publisher: Russell Sage Foundation ISBN: 1610444817 Category : Business & Economics Languages : en Pages : 341
Book Description
Access to capital and financial services is crucial for healthy communities. However, many impoverished individuals and neighborhoods are routinely ignored by mainstream financial institutions. This neglect led to the creation of community development financial institutions (CDFIs), which provide low-income communities with financial services and act as a conduit to conventional financial organizations and capital markets. Edited by Julia Sass Rubin, Financing Low-Income Communities brings together leading experts in the field to assess what we know about the challenges of bringing financial services and capital to poor communities, map out future lines of research, and propose policy reforms to make these efforts more effective. The contributors to Financing Low-Income Communities distill research on key topics related to community development finance. Daniel Schneider and Peter Tufano examine the obstacles that make saving and asset accumulation difficult for low-income households—such as the fact that tens of millions of low-income and minority adults don't have a bank account—and consider solutions, like making it easier for low-wage workers to enroll in 401(K) plans. Jeanne Hogarth, Jane Kolodinksy, and Marianne Hilgert review evidence showing that community-based financial education programs can be effective in changing families' saving and budgeting patterns. Lisa Servon proposes strategies for addressing the challenges facing the microenterprise field in the United States. Julia Sass Rubin discusses ways community loan and venture capital funds have adapted in response to the decreased availability of funding, and considers potential sources of new capital, such as state governments and public pension funds. Marva Williams explores the evolution and recent performance of community development banks and credit unions. Kathleen Engel and Patricia McCoy document the proliferation of predatory lenders, who market loans at onerous interest rates to financially vulnerable families and the devastating effects of such lending on communities—from increased crime to falling home values and lower tax revenues. Rachel Bratt reviews the policies and programs used to make rental and owned housing financially accessible. Rob Hollister proposes a framework for evaluating the contributions of community development financial institutions. Despite the many accomplishments of CDFIs over the last four decades, changing political and economic conditions make it imperative that they adapt in order to survive. Financing Low-Income Communities charts out new directions for public and private organizations which aim to end the financial exclusion of marginalized neighborhoods.
Author: Nicolas P. Retsinas Publisher: Brookings Institution Press ISBN: 0815701721 Category : Political Science Languages : en Pages : 303
Book Description
A Brookings Institution Press and Harvard University Joint Center for Housing Studies publication Americans are awash in debt, and the U.S. economy is in trouble. Credit undergirds daily life more than ever—it has become one of the defining aspects of American life, and the ramifications are becoming clearer by the day. The already considerable damage from a depressed housing market has been exacerbated by the subprime lender implosion, sending shock waves through the financial sector, international economies, and government at all levels. Most low- or moderate-income people borrow, but that should not be construed as uniformly poor judgment or lack of disciplines—Americans are not borrowing merely to keep up with the Joneses, but too often simply to stay afloat. In Borrowing to Live, the Joint Center for Housing Studies of Harvard University brings together a group of experts drawn from the best of academia, research, and public services. Together with editors Nicolas Retsinas and Eric Belsky, they dissect the worrisome current state of consumer and mortgage credit in the United States and help point the way out of the current struggles. Contributors: Michael S. Barr, Eric S. Belsky, Raphael W. Bostic, Shawn Cole, Amy Crews Cutts, Kathleen C. Engel, Ren S. Essene, Elaine Kempson, Patricia A. McCoy, William A. Merrill, Sendhil Mullainathan, Anthony Pennington-Cross, Elizabeth Renuart, Eldar Shafir, Edna R. Sawady, Jennifer Tescher, John Thompson, Peter Tufano, Susan M. Wachter
Author: James H. Carr Publisher: Routledge ISBN: 1135889791 Category : Business & Economics Languages : en Pages : 369
Book Description
The new imperative for equality / James H. Carr and Nandinee K. Kutty -- Origins of economic disparities : historical role of housing segregation / Douglas S. Massey -- From credit denial to predatory lending : the challenge of sustaining minority homeownership / Kathleen C. Engel and Patricia A. McCoy -- Housing and education : the inextricable link / Deborah McKoy and Jeffrey M. Vincent -- Residential segregation and employment inequality / Margery Austin Turner -- Impacts of housing and neighborhoods on health : pathways, racial/ethnic disparities, and policy directions / Dolores Acevedo-Garcia and Theresa L. Osypuk -- Neighborhood segregation, personal networks, and access to social resources / Rachel Garshick Kleit -- Continuing isolation : segregation in America today / Ingrid Gould Ellen -- Trends in the U.S. economy : the evolving role of minorities / Dean Baker and Heather Boushey -- The prospects and pitfalls of fair housing enforcement efforts / Gregory D. Squires -- Attaining a just (and economically secure) society / James H. Carr and Nandinee K. Kutty.
Author: United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Domestic Policy Publisher: ISBN: Category : Adjustable rate mortgages Languages : en Pages : 324
Author: Kathleen C. Engel Publisher: Oxford University Press ISBN: 0199398283 Category : Business & Economics Languages : en Pages : 368
Book Description
In this lively new book, Kathleen C. Engel and Patricia A. McCoy tell the full story behind the subprime crisis. The authors, experts in the law and economics of financial regulation and consumer lending, offer a sharply reasoned, but accessible account of the actions that produced the greatest economic collapse since the Great Depression.
Author: Kathleen C. Engel
Author: Kathleen C. Engel
Author: Kathleen C. Engel
Author: United States. Congress. House. Committee on Financial Services. Subcommittee on Housing and Community Opportunity
Author: Nestor Davidson
Author: Julia Sass Rubin
Author: Nicolas P. Retsinas
Author: James H. Carr
Author: United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Domestic Policy
Author: 
Author: Kathleen C. Engel