Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Banking and Finance Law (61)
- Consumer Protection Law (30)
- Administrative Law (22)
- Property Law and Real Estate (9)
- Insurance Law (9)
-
- Housing Law (6)
- Legislation (5)
- Securities Law (5)
- Law and Society (3)
- Comparative and Foreign Law (2)
- Civil Rights and Discrimination (2)
- Business (2)
- Contracts (2)
- Health Law and Policy (2)
- Retirement Security Law (2)
- Law and Economics (2)
- Judges (1)
- Common Law (1)
- Labor and Employment Law (1)
- Finance and Financial Management (1)
- Commercial Law (1)
- Business Organizations Law (1)
- International Law (1)
- Accounting (1)
- Keyword
-
- Banking and Finance (38)
- Selected Professional Activities (13)
- Predatory lending (10)
- Consumer Protection Law (8)
- Securitization (4)
-
- Subprime (4)
- Assignee liability (2)
- CRA (2)
- Truth in Lending Act (2)
- Subprime mortgages (2)
- Lemons problem (2)
- Risk-based pricing (2)
- Subprime loans (2)
- Lending discrimination (2)
- Subprime lending (2)
- Disclosures (2)
- Biography (2)
- Community Reinvestment Act (2)
- Contracts (1)
- Community Development (1)
- Law and Society (1)
- Administrative Law (1)
- Lending (1)
- Publication Year
- File Type
Articles 61 - 83 of 83
Full-Text Articles in Law
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 ...
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 legal remedies ...
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.
Emerging Theories Of Liability For Outside Counsel And Independent Outside Auditors Of Financial Institutions
Patricia A. McCoy
No abstract provided.
Footprints Of A Just Man: The Case Law Of Judge Robert S. Vance
Footprints Of A Just Man: The Case Law Of Judge Robert S. Vance
Patricia A. McCoy
No abstract provided.