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, 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 …
Persistent link: https://www.econbiz.de/10013085570
This study discusses the many factors and considerations that enter into the strategic mortgage default (SMD) decision …
Persistent link: https://www.econbiz.de/10013051045
There are two purposes of this article. Firstly, it examines the consequences for stakeholders, if the mortgage …
Persistent link: https://www.econbiz.de/10013082321
This article discusses the often overlooked ramifications of strategic mortgage default and the widespread implications …
Persistent link: https://www.econbiz.de/10013051036
The recharacterization of leasehold interests as mortgages has several hundred years of history and doctrinal development that focuses on the intent of the parties. Bankruptcy cases, however, have recently abandoned this body of law, replacing it sub silentio with a federal economic substance...
Persistent link: https://www.econbiz.de/10013104320
The scientific interest has arisen from many questions related to the collateral with title transfer of the ownership. Why EU law adopted an old and prohibited for many centuries and many legal systems title transfer collateral in Financial Collateral Directive (FCD)? Through the centuries it...
Persistent link: https://www.econbiz.de/10013156339
May 20, 2019 witnessed the promulgation of a judgement by the United States Supreme Court which settled a circuit split created by the Court of Appeals for the First Circuit and answered a question which was the subject of quandary for the American legal fraternity for more than 35 years. A...
Persistent link: https://www.econbiz.de/10013215457
The Bankruptcy Code accords much more favorable treatment to lessors than to secured lenders, but legal scholars have yet to identify a normative justification for the disparate treatment of the two transaction types. Law-and-economics scholars have written off the lease/loan distinction as...
Persistent link: https://www.econbiz.de/10013128158
Persistent link: https://www.econbiz.de/10013007659
We develop and test a model of mortgage underwriting, with particular reference to the role of credit bureau scores. In … conflicting results - seeking to explain how exemptions affect the mortgage market. By contrast, our model implies that when … lenders use credit scores in a standardized manner, exemptions should be irrelevant to the mortgage underwriting decision …
Persistent link: https://www.econbiz.de/10014069419