Abstract

http://ssrn.com/abstract=1272794
 
 

Footnotes (159)



 


 



Beyond Balls and Strikes: Towards a Problem-Solving Ethic in Foreclosure Proceedings


Raymond H. Brescia


Albany Law School


Case Western Reserve Law Review, Vol. 59, 2008
Albany Law School Research Paper No. 8

Abstract:     
Courts across the country are being saddled with a rapid escalation of foreclosure filings due to the fallout from the subprime mortgage crisis. More than two million homeowners stand to lose their home in the United States in the next year, and hundreds of billions of dollars in home equity will be lost by all homeowners as a result, not just those in default on their mortgages. This article assesses the impact of this wave of foreclosures on communities and the courts, and suggests that jurisdictions should adopt the techniques of those problem-solving courts already in existence: i.e., drug courts, mental health courts, community courts and domestic violence courts. These techniques involve active judges in non-traditional roles engaging in systemic reform and close monitoring of litigant conduct while utilizing non-adversarial approaches and enlisting the assistance of interdisciplinary stakeholders. Such techniques are well suited to the foreclosure context, particularly given the nature and scope of the subprime mortgage crisis, and court systems should consider creating specialized foreclosure courts that can adopt a problem-solving approach to address the rapid rise in foreclosure proceedings.

Number of Pages in PDF File: 47

Keywords: foreclosure, subprime, mortgage, problem-solving courts

JEL Classification: H11, K41

Accepted Paper Series


Download This Paper

Date posted: September 24, 2008 ; Last revised: September 24, 2009

Suggested Citation

Brescia, Raymond H., Beyond Balls and Strikes: Towards a Problem-Solving Ethic in Foreclosure Proceedings. Case Western Reserve Law Review, Vol. 59, 2008; Albany Law School Research Paper No. 8. Available at SSRN: http://ssrn.com/abstract=1272794

Contact Information

Raymond H. Brescia (Contact Author)
Albany Law School ( email )
80 New Scotland Avenue
Albany, NY 12208
United States

Feedback to SSRN


Paper statistics
Abstract Views: 869
Downloads: 125
Download Rank: 128,132
Footnotes:  159

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.531 seconds