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Banking and Finance Law

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Journal

2013

Mortgages

Articles 1 - 2 of 2

Full-Text Articles in Law

The Constitutionality Of Using Eminent Domain To Condemn Underwater Mortgage Loans, Katharine Roller Oct 2013

The Constitutionality Of Using Eminent Domain To Condemn Underwater Mortgage Loans, Katharine Roller

Michigan Law Review

One of the most visible and devastating components of the financial crisis that began in 2007 and 2008 has been a nationwide foreclosure crisis. In the wake of ultimately ineffective attempts at federal policy intervention to address the foreclosure crisis, a private firm has proposed that counties and municipalities use their power of eminent domain to seize “underwater” mortgage loans—-mortgage loans in which the debt exceeds the value of the underlying property—-from the private securitization trusts that currently hold them. Having condemned the mortgage loans, the counties and municipalities would reduce the debt to a level below the value of …


Half-Way Mark Reached In The Demise Of The Inequitable Application Of The “Due-On-Sale” Clause, Bernard J. Koerselman May 2013

Half-Way Mark Reached In The Demise Of The Inequitable Application Of The “Due-On-Sale” Clause, Bernard J. Koerselman

Pepperdine Law Review

No abstract provided.