Constitutional Issues Relating to Proposals for Foreclosure Moratorium Legislation That Affects 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 gu...
| Corporate Authors: | , |
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| Format: | eBook |
| Language: | English |
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[Place of publication not identified] :
[publisher not identified],
2008.
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| Series: | U.S. Congressional Research.
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| Subjects: | |
| Online Access: | Connect to the full text of this electronic book |
| Summary: | 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. |
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| Item Description: | 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. CRS Report. Electronic resource. |
| Physical Description: | 1 online resource. |