http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
Constitutional Issues Relating to Proposals for Legislation to Impose an Interest Rate Freeze/Reduction on Existing Mortgages
Reviews Congressional authority to pass laws pertaining to foreclosures, and explains the Takings Clause, the Contract Clause, and Substantive Due Process jurisprudence. Applies the test a court is likely to use in assessing whether a Federal foreclosure moratorium would offend the Takings Clause guarantee that private property may not be seized without just compensation. Suggests that the application of this proposal to tranches of mortgage-backed securitized trusts could, in a minority of instances, potentially be considered "takings," requiring just compensation for the purpose of the Fifth Amendment.
Record is based on bibliographic data in ProQuest U.S. Congressional Research Digital Collection (last viewed Dec. 2010). Reuse except for individual research requires license from ProQuest, LLC.
Library of Congress. Congressional Research Service.