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US mortgage and foreclosure law

Author

Listed:
  • Zachary K. Kimball
  • Paul S. Willen

Abstract

A mortgage is an exchange of a collection of rights between a borrower and a lender. In this article, we describe those rights and explain both their economic logic and their implications for economic analysis and policy. We briefly discuss the medieval origins of the American mortgage contract and its evolution into its present form. We then turn to topics relevant for contemporary economic research – including title and lien theory; recording and registration of documents; judicial versus power-of-sale foreclosure; deficiency judgments and recourse; assignments; the Mortgage Electronic Registration System; and methods for avoiding foreclosure, including deeds-in-lieu and short sales. Our discussion focuses on real property law and its economic implications; we do not discuss, for example, securities law related to mortgage contracts.

Suggested Citation

  • Zachary K. Kimball & Paul S. Willen, 2012. "US mortgage and foreclosure law," The New Palgrave Dictionary of Economics,, Palgrave Macmillan.
    • Handle: RePEc:pal:dofeco:v:6:year:2012:doi:3876
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    File URL: http://www.dictionaryofeconomics.com/article?id=pde2012_U000077
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    Citations

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    Cited by:

    1. Gerardi, Kristopher & Lambie-Hanson, Lauren & Willen, Paul S., 2013. "Do borrower rights improve borrower outcomes? Evidence from the foreclosure process," Journal of Urban Economics, Elsevier, vol. 73(1), pages 1-17.

    More about this item

    Keywords

    equity; default; foreclosure; housing; law and economics; mortgage; residential real estate and finance;
    All these keywords.

    JEL classification:

    • G21 - Financial Economics - - Financial Institutions and Services - - - Banks; Other Depository Institutions; Micro Finance Institutions; Mortgages
    • G22 - Financial Economics - - Financial Institutions and Services - - - Insurance; Insurance Companies; Actuarial Studies
    • G28 - Financial Economics - - Financial Institutions and Services - - - Government Policy and Regulation

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