Feldman Law Center — News by Feldman Law Center — A little known aspect of the Obama Administration’s “Making Home Affordable” plan is the “Net Present Value” test which essentially determines whether a loan modification or a foreclosure and sale will provide a better return for the investors behind the mortgage in question. the proposed monthly payment in a home loan modification and multiplies it over the life of the loan (payment x 12 months x 30 years). If that total comes in above what a sale and yield, the calculation would favor a modification. If it falls short, the calculation would lean toward sale.
Foreclosures in many scenarios will favor the investors while a modification often works to the the servicer. For the investor, a foreclosure and subsequent sale may result in a loss of principle but money coming back to the investor can be re-invested in other vehicles which can provide yield The disadvantage for the servicers is that, without monthly payments from the property, they lose the able to charge the investor for handling the payments, billing, and communication with the homeowner. A loan modification, on the other hand, benefits the servicer by keeping the payment stream, and the fees they can alive. The modification hurts the investor by forcing a mark to market valuation which reflects the the mortgage (also known as a haircut) due to a lower interest rate and, if applicable, in principle.
The third party in the game is the homeowner (Bob) applying for the loan modification. It’s likely that the homeowner has heard of “Making Home Affordable” and is very aware of the 2% interest rates that were part of the headlines generated by the plan. Naturally, that’s the rate he wants. Unfortunately, getting Bob a 2% interest rate is not in the interest of either the investor or the servicer of his mortgage. For the investor, the lower the interest rate goes the bigger the haircut. Memorializing it in a modification will turn a theoretical haircut into an actual loss on the books. For the servicer, an interest rate at that low level can push the NPV score to a point where the test favors foreclosure over modification. If Bob’s property isn’t considered a lost cause it’s extremely unlikely that he’s going to see anything close to that 2% rate.
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Is ‘Rape’ merely a word described in section 375 Indian Penal Code, 1860, to be interpreted stricto senso? Or is it a psychological phenomenon to dealt with, with more empathy and less legality? What is the scope of this word and its narrow definition according to law and what is the impact of this definition on the judgments meted out to the hapless victims of this excruciating mental agony? This project aims to study the lacunas in the present of the phenomenon called Rape.
The word ‘Rape’ is derived from the Latin term ‘Rapio’, which Thus, rape literally means a forcible seizure and that is the essential characteristic feature of the common parlance, it means intercourse without her consent by force, fear or fraud. In other words, rape is violation with violence of the private person of a woman.
Though the law is said to grant justice innocent, the same is sadly not true in case of rape victims. Justice prides herself on being blind to everything but the truth — yet as far as rape is concerned, the facts paint a Rape laws in India are extremely antiquated. Although the laws outline the crime in clear terms, filled with people who favor the accused and challenge the veracity of the victim’s allegation.
The Supreme in Maharashtra v Madhukar Narayan Mardikar , that
“...even a woman with easy virtue is entitled and no one can invade her privacy as and when he likes. So also, it is any and every person to violate her person as and when he wishes. Therefore, merely because a woman of easy virtue, her evidence cannot be thrown overboard.”
Rape laws in India are antiquated; justice has failed the victim because of interpretation of law, assessment of evidence, long delays at the trial and harsh and humiliating cross-examination of the victim are reported with alarming frequency. This report deal with the existing laws relating to rape in India and certain recent developments in this field.
Rape weapon that distorts a woman’s sexuality, restricts her freedom of movement and violates her human rights. woman feeling exposed, humiliated and traumatised. A rapist not only violates the victim’s privacy and personal causes serious physical and psychological damage. The law must take a fresh look at itself and to make it more difficult for an accused to get judicial reprieve. . What is sad in India is the lack of seriousness with which the crime is often treated.Statistics from 2000 showed that on average a woman is raped every hour in India
