We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
The Foreclosure Crisis and the Antifragmentation Principle in State Property Law.
- Authors
Dana, David A.
- Abstract
This Article explains how excessive fragmentation of property interests in mort- gages has prevented reasonable modifications in loan terms and helped to create the current foreclosure crisis. The Article argues that Anglo-American property law reflects an antifragmentation principle. This principle offers historical grounding for and constitutional legitimacy to proposals to restructure the servicing of troubled loans so as to produce loan modifications when doing so would produce more net economic value than foreclosure. The Article also considers some reforms that could be adopted to prevent future cycles of excessive fragmentation of property interests in mortgages.
- Subjects
UNITED States; MORTGAGES; FORECLOSURE; HOMEOWNERS; SECONDARY mortgage market; MORTGAGE guarantee insurance; FEDERAL government
- Publication
University of Chicago Law Review, 2010, Vol 77, Issue 1, p97
- ISSN
0041-9494
- Publication type
Article