In the current fallout from the foreclosure crisis and the securitization of mortgages, an old procedural doctrine is becoming increasingly relevant to homeowners facing foreclosure. The doctrine of standing is surfacing in the contexts of judicial foreclosure and bankruptcy proceedings as a...

There are two purposes of this article. Firstly, it examines the consequences for stakeholders, if the mortgage originator or subsequent assignee of its rights, e.g. the trustee issuer, become insolvent and considers the main legal and financial risk issues that can arise in an RMBS program in...

In Australia, the term “residential mortgage-backed securities” (RMBSs) denotes debt securities, which are secured, in respect of principal and interest on a pool of residential mortgages. A public trustee company specially established solely for this purpose, which is known as a “special...

Securitisation has been one of the most significant financial innovations in the capital markets over the last twenty years. It is the process of converting illiquid but income-producing assets and receivables that are not necessarily marketable, into securities that can be more readily placed...

Millions of Americans purchased real estate during the housing bubble of the mid 2000s, when prices reflected a constant upward trend, and real estate appeared to be an ideal investment. When the bubble burst, however, the value of real property plummeted, yet homeowners remain obligated to pay...

Since the price peak in 2006, home values have fallen more than 30%, leaving millions of Americans with negative equity in their homes. Until the Supreme Court's 1993 decision in Nobelman v. American Savings Bank, the bankruptcy system would have provided many such homeowners with a remedy. They...

In dit artikel analyseer en becommentarieer ik kritisch de nieuwe Belgische Hyptoheekwet van 1995. Nieuwigheden zijn onder andere een alle sommen hypotheek, een hyptoheek voor toekomstige vorderingen, ...This article critically analyses and comments the New Belgian Mortgage Act of 1995....

The law governing the United States' $13 trillion mortgage market is broken. Courts and legislatures around the country continue to struggle with the fallout from the effort to build a 21st century global market in mortgages on a fragmented, arguably archaic legal foundation. These authorities'...

One of the recurring and yet repetitively unanticipated challenges is the tug of war between homeowners and their mortgage lender/mortgage service over money. A standard condition of mortgages in the United States is that the borrower must have casualty insurance protecting not just the...

Dit artikel is een noot onder het vonnis van de rechtbank van eerste aanleg van Antwerpen van 2 December 1993, met betrekking tot de tegenstelbaarheid van hypotheken, meer bepaald ten aanzien van een derde-verkrijger van het onroerend goed.This paper is an annotation to Court of first instance...