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Full-Text Articles in Law
The Subprime Virus: Reckless Credit, Regulatory Failure, And Next Steps
The Subprime Virus: Reckless Credit, Regulatory Failure, And Next Steps
Patricia A. McCoy
In this lively new book, Kathleen C. Engel and Patricia A. McCoy tell the full story behind the subprime crisis. The authors, experts in the law and economics of financial regulation and consumer lending, offer a sharply reasoned, but accessible account of the actions that produced the greatest economic collapse since the Great Depression.
Federal Preemption, Regulatory Failure And The Race To The Bottom In Us Mortgage Lending Standards
Federal Preemption, Regulatory Failure And The Race To The Bottom In Us Mortgage Lending Standards
Patricia A. McCoy
No abstract provided.
Securitization And Systemic Risk Amid Deregulation And Regulatory Failure
Securitization And Systemic Risk Amid Deregulation And Regulatory Failure
Patricia A. McCoy
During the recent housing boom, private-label securitization without regulation was unsustainable. Without regulation, securitization allowed mortgage industry actors to gain fees and to put off risks. The ability to pass off risk allowed lenders and securitizers to compete for market share by lowering their lending standards, which activated more borrowing. Lenders who did not join in the easing of lending standards were crowded out of the market. Meanwhile, the mortgages underlying securities became more exposed to growing default risk, but investors did not receive higher rates of return. Artificially low risk premia caused the asset price of houses to go …
From Credit Denial To Predatory Lending: The Challenge Of Sustaining Minority Homeownership
From Credit Denial To Predatory Lending: The Challenge Of Sustaining Minority Homeownership
Patricia A. McCoy
Years of discriminatory behavior against minority households have damaged their ability to build wealth. One of the most financially destructive practices endured by minority households is the excessive overpayment to finance a home purchase or access accumulated equity in a home. The market conditions that position blacks, and to a lesser extent, Latino households, to be the principal targets of predatory mortgage lending have their roots in decades of legally sanctioned housing market discrimination. Some minority households lack the financial knowledge or awareness to protect themselves. In other cases, years of discriminatory financial practices have contributed to rendering them ineligible …
The Impact Of Predatory Lending Laws: Policy Implications And Insights
The Impact Of Predatory Lending Laws: Policy Implications And Insights
Patricia A. McCoy
Over half the states and several localities have enacted statutes and ordinances to regulate abuses in the residential mortgage market. The effect of these statutes is a matter of debate. This paper seeks to improve the understanding of this increasingly important issue and pays particular attention to the role that legal enforcement mechanisms play in this context.
We created a legal index of laws governing mortgage lending terms and practices, giving each state an overall score for the strength of its laws. In addition, we disaggregated the index to create sub-indices along three dimensions: (1) the scope of loans covered …
The Moral Hazard Implications Of Deposit Insurance: Theory And Practice
The Moral Hazard Implications Of Deposit Insurance: Theory And Practice
Patricia A. McCoy
No abstract provided.
The Legal Infrastructure Of Subprime And Nontraditional Mortgage Lending
The Legal Infrastructure Of Subprime And Nontraditional Mortgage Lending
Patricia A. McCoy
This paper provides a critical analysis of the legal landscape of residential mortgage lending and explains how federal law abdicated regulation of the subprime market. First, the paper presents the historical backdrop to government oversight of mortgage lending and identifies the changes to and innovations in the lending process that contributed to the recent transformation of the residential mortgage market. We then describe recent attempts at the state and federal level to re-regulate and the backlash initiated by the federal banking agencies to thwart regulation of their constituent banks through preemption, resulting in parallel universes of regulation. Next, the article …
Turning A Blind Eye: Wall Street Finance Of Predatory Lending
Turning A Blind Eye: Wall Street Finance Of Predatory Lending
Patricia A. McCoy
Today, Wall Street finances up to eighty percent of subprime home loans through securitization. The subprime sector, which is designed for borrowers with blemished credit, has been dogged by predatory lending charges, many of which have been substantiated. As subprime securitization has grown, so have charges that securitization turns a blind eye to financing abusive loans. In this paper, we examine why secondary market discipline has failed to halt the securitization of predatory loans.
When investors buy securities backed by predatory loans, they face a classic lemons problem in the form of credit risk, prepayment risk, and litigation risk. Securitization …
The Home Mortgage Disclosure Act: A Synopsis And Recent Legislative History
The Home Mortgage Disclosure Act: A Synopsis And Recent Legislative History
Patricia A. McCoy
This article describes the provisions of the federal Home Mortgage Disclosure Act (HMDA), tracing its legal evolution since 1989, when Congress expanded HMDA to require reporting of home mortgage lending by ethnicity and race. HMDA requires most lenders to report the demographic makeup and geographic distribution of home mortgages to the federal government. The 1989 amendments and later developments transformed HMDA from a law exclusively concerned with geographic disinvestment to one concerned with lending disparities by ethnicity and race. In the process, HMDA evolved from an obscure reporting statute to a flashpoint for debates over lending discrimination and subprime lending.
Rethinking Disclosure In A World Of Risk-Based Pricing
Rethinking Disclosure In A World Of Risk-Based Pricing
Patricia A. McCoy
The residential mortgage market in the United States has changed significantly since the passage of current federal mortgage disclosure laws in the 1960s and 1970s. In this Article, Professor Patricia McCoy advocates for the reform of these traditional disclosure rules. After describing the evolution of the subprime mortgage market and providing a description of current federal disclosure laws, she explores how these new market dynamics cause the traditional disclosure rules to break down in the subprime market. Professor McCoy concludes with proposals to counteract false advertising practices, facilitate "meaningful comparison-shopping, and formulate streamlined disclosures addressing loan applicants' greatest concerns in …
Predatory Lending And Community Development At Loggerheads
Predatory Lending And Community Development At Loggerheads
Patricia A. McCoy
For decades, cities have invested in decaying neighborhoods, leading to increases in home values and home equity. As a result, these neighborhoods have become ready targets for predatory lenders, who market their abusive loans to financially unsophisticated homeowners with home equity and no relationships with traditional lenders. Some borrowers lose their homes; others forsake home repairs to avoid default and foreclosure. Neighborhoods that once were stable become littered with abandoned and neglected homes, resulting in increased crime, falling home values, rising demands for social services, and lower tax revenues.
In the wake of the devastation done by predatory lenders, the …
A Behavioral Analysis Of Predatory Lending
Predatory Lending: What’S Wall Street Got To Do With It?,
Predatory Lending: What’S Wall Street Got To Do With It?,
Patricia A. McCoy
In this article, we examine the contention that the secondary market will exert sufficient market discipline to drive predatory home loan lenders from the subprime marketplace. Using a so‐called lemons model, we identify the potential risks that investors encounter if they buy securities backed by predatory home loans. We then explain how structured finance, deal provisions, pricing mechanisms, and legal protections shield investors from much of the risk that those loans entail.
While the secondary market does impose some discipline on the subprime home loan market, it is not enough to bring predatory lending to a halt. We provide rationales …
Predatory Lending Practices: Definition And Behavioral Implications
Predatory Lending Practices: Definition And Behavioral Implications
Patricia A. McCoy
No abstract provided.
Realigning Auditors' Incentives
A Tale Of Three Markets Revisited
A Tale Of Three Markets: The Law And Economics Of Predatory Lending
A Tale Of Three Markets: The Law And Economics Of Predatory Lending
Patricia A. McCoy
Predatory lending - the practice of making exploitative high-cost loans to naive borrowers - has spurred policy-makers, activists, lenders and scholars to debate whether intervention is warranted and, if so, what type of intervention is appropriate. The solution requires understanding the incentives in the home mortgage market that have fueled predatory lending. Recent changes in the credit market have created new possibilities for lenders to profit by exploiting information asymmetries to the detriment of unsophisticated borrowers. As a result, a new, predatory lending market has emerged alongside the legitimate prime and subprime home mortgage markets. Neither market forces nor existing …
The Cra Implications Of Predatory Lending
The Cra Implications Of Predatory Lending
Patricia A. McCoy
This article considers the Community Reinvestment Act's role in combating predatory lending. It provides an overview of the CRA, explains how CRA-covered lenders may enable predatory lending and explores the relationship between the CRA, federal subsidies and predatory lending. The article concludes that the CRA should be used to penalize lenders that engage in predatory lending and recommends that federal bank regulators use CRA to sanction behavior that could encourage further predatory lending.
Financial Modernization After Gramm-Leach-Bliley
Financial Modernization After Gramm-Leach-Bliley
Patricia A. McCoy
No abstract provided.
Musings On The Seeming Inevitability Of Global Convergence In Banking Law
Musings On The Seeming Inevitability Of Global Convergence In Banking Law
Patricia A. McCoy
No abstract provided.
The Law And Economics Of Remedies For Predatory Lending
The Law And Economics Of Remedies For Predatory Lending
Patricia A. McCoy
No abstract provided.
Banking Law Manual: Federal Regulation Of Financial Holding Companies, Banks, And Thrifts
Banking Law Manual: Federal Regulation Of Financial Holding Companies, Banks, And Thrifts
Patricia A. McCoy
No abstract provided.
Technology Shifts And The Law: Year 2000 Readiness For Banks And Thrifts
Technology Shifts And The Law: Year 2000 Readiness For Banks And Thrifts
Patricia A. McCoy
No abstract provided.
Review, International Banking By Michael P. Malloy
Review, International Banking By Michael P. Malloy
Patricia A. McCoy
No abstract provided.
Special Factors Making Small Post-Socialist Economies Susceptible To Bank System Risk
Special Factors Making Small Post-Socialist Economies Susceptible To Bank System Risk
Patricia A. McCoy
No abstract provided.
The Demise Of The Common-Law Doctrine In D'Oench, Duhme
The Demise Of The Common-Law Doctrine In D'Oench, Duhme
Patricia A. McCoy
No abstract provided.
Levers Of Law Reform: Public Goods And Russian Banking
Levers Of Law Reform: Public Goods And Russian Banking
Patricia A. McCoy
No abstract provided.
A Political Economy Of The Business Judgment Rule In Banking: Implications For Corporate Law
A Political Economy Of The Business Judgment Rule In Banking: Implications For Corporate Law
Patricia A. McCoy
No abstract provided.