A Uniform and More Rational Approach to Rents as Security for the Mortgage Loan

Abstract

In this Article the author provides an introduction to the problems associated with assignments of rents by discussing the nature of rents and their treatment in the absence of an assignment. Next, the author will examine in detail the issues arising with regard to assignments of rents under current law both in and outside of the bankruptcy context. Finally, the author will discuss the proposal that rents be integrated into Article 9 of the UCC.

Keywords: Commercial real estate, Income-producing property, Rents, Assignment of rents, Rents as security, Mortgages, Mortgage loan, Article 9, Bankruptcy law, Absolute assignment, Absolute assignment of rents, Real estate finance, Real estate law, Real property law