these principles remain vague, the Mortgage Credit Directive provides a clear ruleset and, in addition, a value model for … creditworthiness assessment is a key example of a fair and balanced restitution regime for incriminated contracts. The Mortgage Credit …

The common-law mortgage has been much maligned. Legal historians have called it everything from “clumsy” to “mendacious ….” Following their lead, the current Restatement (Third) of Property: Mortgages, and the leading treatise on mortgage law, denounce … the modern incarnation of the common-law mortgage – the “title theory” of mortgages – in favor of the “lien theory”. As …

This paper discusses a series of ECJ judgments on national mortgage enforcement proceedings in light of the Directive … suspending mortgage enforcement proceedings, thereby allowing the debtor to retain ownership of the property while the (un … the property held by the debtor, creditor, and third parties such as a second mortgage holder are directly affected by the …

risks in mortgage lending and promotes positive market outcomes and system stability. The article first considers the main … implications of regulation for mortgage markets and players, practices and conduct. This section reviews mortgage lending practices …

The mortgage foreclosure crisis raises legal questions as important as its economic impact. Questions that were … straightforward and uncontroversial a generation ago today threaten the stability of a $13 trillion mortgage market: Who has standing … transferring those rights. Historically, mortgage title was established and transferred through the “public demonstration” regimes …

mortgage lender/mortgage service over money. A standard condition of mortgages in the United States is that the borrower must … the balance of those funds exceeds the current outstanding principal balance of the mortgage. Does the bank's rights … rebuild or to pay off/pay down the mortgage, and if there is a choice, does the bank or the homeowner hold the choice? 4 …

This article discusses the often overlooked ramifications of strategic mortgage default and the widespread implications …

This study discusses the many factors and considerations that enter into the strategic mortgage default (SMD) decision …

, committed to pay the mortgage holders the full values of their homes, and retained those homes. In Nobelman, the Court … of their houses, lease the houses for one year, file bankruptcy, and propose mortgage modification plans that pay … mortgage holders the full current values of the houses. This Article argues that despite the artificiality of a move-out with …

comments the New Belgian Mortgage Act of 1995. Novelties include mortgage for all claims, mortgage for future claims …