ADR’s Place in Foreclosure: Remedying the Flaws of a Securitized Housing Market

67 Pages Posted: 1 Aug 2012 Last revised: 22 May 2015

Lydia R. Nussbaum

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: August 1, 2012

Abstract

Millions of Americans lost their homes during the foreclosure crisis, an unprecedented disaster still plaguing local and national economies. A primary factor contributing to the crisis has been the failure of conventional foreclosure procedures to account for the new realities of securitization and the secondary mortgage market, which transformed the traditional borrower-lender relationship. To compensate for the shortcomings of conventional foreclosure procedures and stem the tide of residential foreclosure, state and local governments turned to ADR processes for a solution. Some foreclosure ADR programs, however, have greater potential to avoid unnecessary foreclosures than others. This article comprehensively examines the key components of foreclosure ADR programs and presents best practices for governments seeking to utilize ADR as a tool to mitigate the foreclosure crisis and re-energize the economy.

Keywords: foreclosure, mediation, conciliation, settlement, ADR, securitization, secondary mortgage market, loan servicer, mortgage, loss mitigation, HAMP, homeowner

Suggested Citation

Nussbaum, Lydia R., ADR’s Place in Foreclosure: Remedying the Flaws of a Securitized Housing Market (August 1, 2012). 34 Cardozo L. Rev., 2013, Forthcoming; University of Baltimore School of Law Legal Studies Research Paper No. 2012-13. Available at SSRN: https://ssrn.com/abstract=2121109 or http://dx.doi.org/10.2139/ssrn.2121109

Lydia R. Nussbaum (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

HOME PAGE: http://law.unlv.edu/faculty/lydia-nussbaum

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