Constitutional Issues Relating to Proposals for Foreclosure Moratorium Legislation That Affects Existing Mortgages [electronic resource].

Corporate Author:: Library of Congress. Congressional Research Service
Published:: [Place of publication not identified] : [publisher not identified], 2008.
Physical Description:: 19 pages : digital, PDF file

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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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ProQuest U.S. Congressional Research Digital Collection

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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.
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