Equity stripping fraud often masquerades as a sale-leaseback contract. Homeowners anticipating a refinance to settle a foreclosure are victimized through a transfer of ownership and theft of equity. The doctrine of equitable mortgage is a legal theory used to challenge these fraudulent...

This essay critically examines MERS' structure which incorporates principles of dubious legality such as a theory of common agency as well as a duality of roles held by MERS. The article examines many recent decisions in state, federal and bankruptcy courts in order to identify current trends...

Price comparison is a basic element of competition. For comparison to work, at least prices need to be transparent. Moreover, price is usually a focal point in consumer thinking and deciding on transactions. Hence, obfuscating prices can be detrimental to consumers. Therefore, it is vital for...

A recent dramatic rise in subprime foreclosures has led to calls for restrictions against a range of loan features loosely termed “predatory.” Several cities and states have enacted regulations to curb predatory practices, and some advocacy groups endorse action at the federal level. Using...

This paper presents evidence that non-bank-originated subprime mortgages have a higher probability of default than bank-originated subprime mortgages, but only for loans with prepayment penalties. Evidence also indicates that non-banks price prepayment penalties less favorably to borrowers than...

The foreclosure crisis that began in 2008 triggered the need for new approaches to treat distressed mortgages. A key component of the Obama Administration's Home Affordable Modification Program (HAMP) was the development of a standardized Net Present Value (NPV) model to identify troubled loans...

Markups on auto loan interest rates are routinely used to compensate a dealership for the service of securing financing with a third party lender. However, rate markups add percentage points to the rate a consumer would legitimately qualify for, and are added without the adequate disclosure to...

The landmark Dodd-Frank Act of 2010 transforms the landscape of consumer credit in the United States. Many of the changes have been high-profile and accordingly attracted considerable media and scholarly attention, most notably the establishment of the Consumer Financial Protection Bureau...

This case study looks back on Bank Negara Malaysia's decade-long program to enhance consumer empowerment and market conduct and extracts key lessons. Following the Asian financial crisis of 1997, the government of Malaysia committed to a decade-long program of financial reform that aimed to...

The Kenyan population uses financial services from a broad array of providers. The financial sector regulators provide some, but incomplete and sometimes inconsistent consumer protection to the clients of regulated institutions. In the absence of a market-wide consumer protection law or...