• Home
  • News
  • Pay Servicers, Enact Safe Harbor Law to Stop Foreclosures, Columbia Profs Say

Real Estate & Property Law

Pay Servicers, Enact Safe Harbor Law to Stop Foreclosures, Columbia Profs Say

Posted Jan 8, 2009 1:15 PM CST
By Martha Neil

There are two primary steps that the feds should take to help end the mortgage foreclosure crisis, Columbia University law and business professors say in a written report (PDF) released yesterday.

First, the government should pay financial institutions to modify mortgages, to give servicers a financial incentive to work with troubled borrowers. Second, Congress should enact a "safe harbor" law protecting lenders who modify mortgage terms from potential litigation by investors who have purchased the loans, reports Reuters.

"We estimate that our plan will prevent nearly one million foreclosures over three years, at a cost of no more than $10.7 billion. It also raises no constitutional concerns, because it builds on well-established Supreme Court case law," the profs write.

The article is authored by Christopher Mayer and Tomasz Piskorski of Columbia Business School and Edward Morrison of Columbia Law School.

Comments

1.

Michael
Jan 9, 2009 11:42 AM CST

Probably easier to just use the Kelo decision to justify taking the notes at fair market value—probably about $.08 on the dollar—from any CDO owner who won’t cooperate and re-assigning to one who will.  This seems like a cleaner way of achieving the same objective.

Flag this comment

Add a Comment

We welcome your comments, but please adhere to our comment policy.

Commenting has expired on this post.