Nov 12

Interesting paper on forced ownership i.e. prohibitions against abandonment by owners or lenders

Forcings by Lee Anne Fennell::SSRN

Despite some efforts to force lenders to foreclose when mortgagors vacate the premises and cease paying, defaulting mortgagors may be forced to retain ownership and the obligations that follow from it—including liability for homeowner association dues. A sale of the property is often blocked by the fact that the mortgage balance far exceeds the likely sales price. The inability of the homeowner to come up with the difference locks her into ownership, unless the lender either agrees to a short sale or forecloses on the property—and it may legally choose to do neither.

Leave a Reply

preload preload preload