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Full-Text Articles in Law
Mortgages Substitutes—The Law In Arkansas, Glenn E. Pasvogel Jr.
Mortgages Substitutes—The Law In Arkansas, Glenn E. Pasvogel Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
California's Foreclosure Statutes: Some Proposals For Reform, Cynthia Mertens
California's Foreclosure Statutes: Some Proposals For Reform, Cynthia Mertens
Faculty Publications
Spurred by the harsh economics of the Great Depression, California enacted several statutes designed to protect pledgors of real property from unfair and often ruinous deficiency judgments. This legislation includes Code of Civil Procedure sections 580a,the fair value section, 580b,the purchase-money anti-deficiency statute, 580d; the nonjudicial foreclosure anti-deficiency statute, and 726, the "one-action" rule. Three decades of judicial interpretation, however, have created a body of case law which fails to advance the legislative purposes upon which the courts purportedly base their decisions.
The time has come for California to substantially revise its Depression-era anti-deficiency legislation in order to express and …