The Historical Origins of America's Mortgage Laws

50 Pages Posted: 5 Nov 2012

See all articles by Andra C. Ghent

Andra C. Ghent

University of North Carolina (UNC) at Chapel Hill - Finance Area

Date Written: November 5, 2012

Abstract

This paper examines the different legal frameworks for mortgage markets in different states, focusing on how and when they came into existence, including the British influence on laws in some of the older states, with a particular emphasis on foreclosures, including judicial vs. non-judicial regimes, redemption rights and deficiency judgments. The paper concludes that mortgage laws in America are a patchwork driven by path dependence, rather than a coordinated effort or a reaction to some economic event or condition.

Keywords: Mortgage Laws, Evolution of Mortgage Legal Frameworks

Suggested Citation

Ghent, Andra C., The Historical Origins of America's Mortgage Laws (November 5, 2012). Research Institute for Housing America Research Paper No. 12-02. Available at SSRN: https://ssrn.com/abstract=2171357 or http://dx.doi.org/10.2139/ssrn.2171357

Andra C. Ghent (Contact Author)

University of North Carolina (UNC) at Chapel Hill - Finance Area ( email )

Kenan-Flagler Business School
Chapel Hill, NC 27599-3490
United States

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