Drafted and Shafted: Who Should Complain About Male-Only Registration?

SHERRY F. COLB

Cornell law professor comments on a recent opinion by the U.S. Court of Appeals for the Fifth Circuit holding that requiring men but not women to register for the draft is constitutional under mandatory U.S. Supreme Court precedents. Specifically, Colb considers what the U.S. Supreme Court should do if it agrees to hear the case and more narrowly, whether the motives of the plaintiffs in that case bear on how the case should come out.

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Apex Mortgage Corp. v. Great Northern Insurance Co.

Court: US Court of Appeals for the Seventh Circuit

Docket: 19-2525

Opinion Date: August 24, 2020

Judge: Daniel Anthony Manion

Areas of Law: Banking, Contracts, Insurance Law

The Dais obtained a loan from Apex secured by a mortgage on their laundromat. The laundromat ceased operations; the Dais defaulted. Apex agreed to accept a deed in lieu of foreclosure if the property was marketable. A December 2008 inspection revealed that it was in disrepair, exposed to the elements, and open to vagrants. Apex took measures to preserve the property and returned the deed to the Dais in April 2009. In December 2010, two Chicago firefighters lost their lives battling a blaze at the abandoned laundromat. Their estates sued Apex. Apex and the estates settled. Apex's insurer, Federal, denied coverage, citing a policy exclusion for any liability or loss "arising out of property you acquire by foreclosure, repossession, deed in lieu of foreclosure or as mortgagee in possession.” The district court granted Federal summary judgment. The Seventh Circuit vacated, applying Pennsylvania law. Summary judgment was inappropriate given the open question of material fact: who possessed the property at the time of the fire. Apex instructed its realtor to post a notice informing the Dais how to obtain keys for the new locks. Apex urged the Dais to inspect and secure the property. In July 2009, Dai ordered a handyman to board up the property after being cited for building code violations. In October 2009, Dai entered into a settlement to cure the code infractions by November 2010. He failed to do so and served 180 days in jail. Apex had no contact with the property after April 2009.

United States v. Ginsberg

Court: US Court of Appeals for the Seventh Circuit

Docket: 19-1305

Opinion Date: August 21, 2020

Judge: Daniel Anthony Manion

Areas of Law: Banking, Criminal Law, Real Estate & Property Law, White Collar Crime

Spring Hill owned a 240-apartment complex in a Chicago suburb. In 2007, the owner converted the apartments into condominiums and attempted to sell them. Ginsberg recruited several people to buy units in bulk, telling them they would not need to put their own money down and that he would pay them after the closings. The scheme was a fraud that consisted of multiple components and false statements to trick financial institutions into loaning nearly $5,000,000 for these transactions. The seller made payments through Ginsberg that the buyers should have made, which meant that the stated sales prices were shams, the loans were under-collateralized, and the “buyers” had nothing at stake. The seller paid Ginsberg about $1,200,000; Ginsberg used nearly $600,000 to make payments the buyers should have made, paid over $200,000 to the buyers and their relatives, and kept nearly $400,000 for himself. The loans ultimately went into default, causing the financial institutions significant losses. The Seventh Circuit affirmed Ginsberg’s bank fraud conviction, 18 U.S.C. 1344. The evidence was sufficient for the jury to conclude Ginsberg knew that the loan applications, real estate contracts, and settlement statements contained materially false information about the transactions, including the sales prices, the down payments, and Ginsberg's fees. The court rejected a challenge to the admission of testimony by a title company employee.

Helvetica Servicing, Inc. v. Pasquan

Court: Arizona Supreme Court

Docket: CV-19-0242-PR

Opinion Date: August 25, 2020

Judge: Robert M. Brutinel

Areas of Law: Banking, Real Estate & Property Law

The Supreme Court held that a trial court should consider the totality of the circumstances surrounding a residential purchase loan and identify certain factors in determining whether a loan is a construction loan entitled to anti-deficiency protection or a home improvement loan not entitled to anti-deficiency protection. Homeowners borrowed money from Desert Hills Bank to renovate and expand their property. Later, Homeowners borrowed money from Helvetica Servicing Inc. to pay off the Desert Hills loan. Homeowners' property secured the deed of trust. After Homeowners defaulted on the Helvetica loan, Helvetica sued to judicially foreclose. The trial court entered judgment for Helvetica and entered a deficiency judgment. Homeowners appealed, arguing that the Helvetica loan was entitled to anti-deficiency protection. The trial court ultimately found that the Desert Hills loan was a home improvement loan not entitled to anti-deficiency protection because Homeowners did not build a new home from scratch. The Supreme Court remanded the matter, holding (1) the "built from scratch" standard does not further the legislative objectives of Arizona's anti-deficiency statutes; (2) courts should consider the totality of the circumstances surrounding a loan when determining whether it is a home improvement or construction loan; and (3) the trial court did not make an independent factual determination as to whether the Desert Hills loan was a construction loan or a home improvement loan.