State Foreclosure Law: A Neglected Element of the Housing Finance Debate

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Wharton Public Policy Initiative Issue Briefs
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mortgage-finance regulatory framework
ex ante regulations
judicial foreclosure state
state foreclosure procedures
loan origination stage
ex post tort livability
robs-signing
back end regulation of mortgage lending
de facto judicial foreclosure states
truth-in-lending act
non-judicial foreclosure
rate and term refinances
lender behavior at front end
spill over costs
subprime products
Economic Policy
Economics
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Regional Economics
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Abstract

Proponents of robust mortgage finance regulation would do well to look to the states, and specifically to the regulatory effects of state-mandated judicial foreclosure. Judicial foreclosure, which is authorized in almost half of U.S. states, requires that lenders seeking to foreclose on a mortgage file an action in state court. This not only provides borrowers with a forum for holding lenders accountable for their behavior and obligations, but puts the onus on the lender to show that the requirements for foreclosure have been met. It also aids borrowers by delaying the foreclosure process and allowing them to remain in their homes for longer periods while in default. In this brief, Professor Brian Feinstein empirically examines the effects of judicial foreclosure on lender behavior and mortgage costs for consumers. The findings indicate that judicial foreclosure alters lender behavior in ways that are beneficial to borrowers, and that mirror regulatory goals. Lenders exhibit greater caution in loan-approval decisions and offer fewer subprime loans. These results are amplified for lower-income borrowers. Importantly, the costs imposed on lenders by judicial foreclosure do not appear to get passed on to borrowers in the form of higher rates.

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2018-11-26
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