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Contract Theory and Mortgage Foreclosure Moratoria

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  • Jaffe, Austin J
  • Sharp, Jeffery M

Abstract

Contracts are an essential institution in capitalist economies. Contract law provides a long and interesting constitutional history. At the same time, mortgage foreclosure moratoria is shown to be an occasional and repeated phenomenon. This paper explores the legal and economic aspects of this issue via a survey of the schools of thought on contracts. The paper also speculates about the nature of mortgage contracts and the economics of moratoria statutes. Copyright 1996 by Kluwer Academic Publishers

Suggested Citation

  • Jaffe, Austin J & Sharp, Jeffery M, 1996. "Contract Theory and Mortgage Foreclosure Moratoria," The Journal of Real Estate Finance and Economics, Springer, vol. 12(1), pages 77-96, January.
    • Handle: RePEc:kap:jrefec:v:12:y:1996:i:1:p:77-96
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    Cited by:

    1. Matthew J. Baker & Thomas J. Miceli & C.F. Sirmans, 2008. "An Economic Theory of Mortgage Redemption Laws," Real Estate Economics, American Real Estate and Urban Economics Association, vol. 36(1), pages 31-45, March.
    2. Yerkin Kitapbayev & Scott Robertson, 2020. "Mortgage Contracts and Underwater Default," Papers 2005.03554, arXiv.org, revised May 2022.
    3. Thomas Miceli & C. Sirmans, 2005. "Time-Limited Property Rights and Investment Incentives," The Journal of Real Estate Finance and Economics, Springer, vol. 31(4), pages 405-412, December.
    4. Lynn Fisher & Abdullah Yavas, 2007. "The Value of Equitable Redemption in Commercial Mortgage Contracting," The Journal of Real Estate Finance and Economics, Springer, vol. 35(4), pages 411-425, November.
    5. David C. Wheelock, 2008. "Changing the rules: state mortgage foreclosure moratoria during the Great Depression," Review, Federal Reserve Bank of St. Louis, vol. 90(Nov), pages 569-584.
    6. David C. Wheelock, 2008. "Government response to home mortgage distress: lessons from the Great Depression," Working Papers 2008-038, Federal Reserve Bank of St. Louis.

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