Constitutionality of Power of Sale Foreclosures by Federal Government Entities, The

When loaning money, lenders often require that obligations be secured by a mortgage on real estate owned by the borrowers. In Missouri, the prevailing form of mortgage is the deed of trust with a power of sale provision. Upon default the trustee is allowed to sell the property without a judicial hearing and after giving only limited notice.\u27 The constitutionality of nonjudicial power of sale foreclosures is well settled as applied to private lenders because of the lack of state or federal notice requirements for the particular county, and the mortgagor\u27s only recourse is to pay the entire amount due prior to the sale, or pay the amount due within a statutorily prescribed redemption period following the sale. To date, courts have rarely addressed the issues raised when the government forecloses on a mortgage, primarily by failing to find sufficient federal action to raise a constitutional issue. On the few occasions that courts have found sufficient federal government action, however, they have found that state power of sale statutes lack the due process required under the Constitution

Reconstruction of Late Pleistocene Paleoenvironments Using Bulk Geochemistry of Paleosols from the Lake Victoria Region

The impact of changing environments on the evolution and dispersal of Homo sapiens is highly debated, but few data are available from equatorial Africa. Lake Victoria is the largest freshwater lake in the tropics and is currently a biogeographic barrier between the eastern and western branches of the East African Rift. The lake has previously desiccated at ~17 ka and again at ~15 ka, but little is known from this region prior to the Last Glacial Maximum. The Pleistocene terrestrial deposits on the northeast coast of Lake Victoria (94–36 ka) are ideal for paleoenvironmental reconstructions where volcaniclastic deposits (tuffs), fluvial deposits, tufa, and paleosols are exposed, which can be used to reconstruct Critical Zones (CZ) of the past (paleo-CZs). The paleo-CZ is a holistic concept that reconstructs the entire landscape using geologic records of the atmosphere, hydrosphere, lithosphere, biosphere, and pedosphere (the focus of this study). New paleosol-based mean annual precipitation (MAP) proxies from Karungu, Rusinga Island, and Mfangano Island indicate an average MAP of 750 ± 108 mm year−1 (CALMAG), 800 ± 182 mm year−1 (CIA-K), and 1,010 ± 228 mm year−1 (PPM1.0) with no statistical difference throughout the 11 m thick sequence. This corresponds to between 54 and 72% of modern precipitation. Tephras bracketing these paleosols have been correlated across seven sites, and sample a regional paleo-CZ across a ~55 km transect along the eastern shoreline of the modern lake. Given the sensitivity of Lake Victoria to precipitation, it is likely that the lake was significantly smaller than modern between 94 and 36 ka. This would have removed a major barrier for the movement of fauna (including early modern humans) and provided a dispersal corridor across the equator and between the rifts. It is also consistent with the associated fossil faunal assemblage indicative of semi-arid grasslands. During the Late Pleistocene, the combined geologic and paleontological evidence suggests a seasonally dry, open grassland environment for the Lake Victoria region that is significantly drier than today, which may have facilitated human and faunal dispersals across equatorial East Africa