Digital Commons Network^™

Predatory Structured Finance, Christopher L. Peterson

ExpressO

Predatory lending is a real, pervasive, and destructive problem as demonstrated by record settlements, jury awards, media exposes, and a large body of empirical scholarship. Currently the national debate over predatory mortgage lending is shifting to the controversial question of who should bear liability for predatory lending practices. In today’s subprime mortgage market, originators and brokers quickly assign home loans through a complex and opaque series of transactions involving as many as a dozen different strategically organized companies. Loans are typically transferred into large pools, and then income from those loans is “structured” to appeal to different types of investors. …

Defining Predatory Mortgage Lending In Utah: A Professional's Perspective, Luke V. Erickson

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The purpose of this study was to define and describe the nature of predatory mortgage lending in the state of Utah. Twelve professionals from the state who work in the mortgage lending market participated. Data consisted of interviewee comments and were analyzed qualitatively using a multi-step method of coding for concepts and themes.

Through coding and analysis it was determined that the term predatory mortgage lending is defined as an act of abuse that is targeted towards a borrower with one or more vulnerable characteristics. It was also found that users of this term do not always adhere to this …

An Analysis Of Mortgage Default Clients And Mortgage Default Counseling At The Utah State University Family Life Center, Leslie E. Green

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The purpose of this study was to create a profile of the mortgage default clientele at the Utah State University Family Life Center, Housing and Financial Counseling (FLC HFC) and to examine how clientele were utilizing the counseling services. Demographic and mortgage variables were used to create the profile of clientele and examine the utilization of services. Specific variables key to the study included: loan type, time of delinquency when clients sought counseling, how clients were referred to the FLC HFC, and the point in counseling when an outcome was achieved (keeping the home or losing the home to foreclosure). …

Adopting Restatement Mortgage Subrogation Principles: Saving Billions Of Dollars For Refinancing Homeowners, Dale A. Whitman, Grant S. Nelson

Faculty Publications

In eras of declining interest rates, millions of residential mortgage loans may be refinanced. When this occurs, it is customary for the refinancing lender to require a title examination and a new mortgagee's title insurance policy. This requirement is expensive, usually costing several hundred dollars or more, and the cost is invariably paid by the borrower. This Article proposes that in the vast majority of refinancings this expense can be substantially reduced or even eliminated. This result can be achieved through proper understanding, adoption, and use of the doctrine of equitable mortgage subrogation articulated in the Restatement (Third) of Property: …

Home As A Legal Concept, Benjamin Barros

Benjamin Barros

This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal …

Point & Counterpoint: Should The Home Mortgage Interest Deduction Be Reduced?, Deborah Geier, Stuart G. Lazar

Other Scholarship

Included among President Bush’s Advisory Panel on Federal Tax Reform’s recommendations were three proposals related to the current home mortgage interest deduction. Instead of a deduction, the panel recommended a flat 15% credit. Instead of the current $1,100,000 mortgage caps, the panel recommended a mortgage cap based on the median regional price of housing. Finally, the panel recommended limiting the deduction to interest paid on only one home and eliminating the deduction for interest on home equity indebtedness.

The Panel Report praises the Tax Reform Act of 1986, albeit with a caveat: “While the 1986 Act was a historic event, …