Memorandum on Federal and State Constitutional Issues Related to Foreclosure Mediation/Diversion
Analysis of constitutional issues related to foreclosure crisis-driven state relief laws.
All Resources
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Requirement for Loan Modification Analysis/Loss Mitigation Before Foreclosure
Includes: Model Loan Mod – Deed of Trust States Model Loan Mod – Mortgage States – Non-Judicial Model Loan Mod – Judicial Foreclosure States
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Foreclosing A Dream: State Laws Deprive Homeowners of Basic Protections
In recent months, a wave of foreclosures has swept millions of American families from their homes. The magnitude of this crisis defies easy comprehension: more than 8 million American families are expected to lose their homes to foreclosure in the next four years. Much has been written about the financial and economic causes of this…
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Foreclosure Rescue Scam Statute
The foreclosure crisis has presented the perfect opportunity for foreclosure rescue scams. These scams come in two main varieties. In the first, a foreclosure “consultant” takes an up front payment and promises to arrange refinancing or postpone the foreclosure, but does nothing and costs the homeowner not only money but critical time. In the second,…
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Model State Act Limiting Arbitration
Much attention is now being paid to the expanded use of forced arbitration clauses in employment and consumer contracts, the attendant harms to consumers and employees, and the possibility of federal intervention. Recent media attention has highlighted the harms that arbitration inflicts on Americans every single day. And a flurry of federal activity (both congressional…
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Statute of Limitations Reform Act
Statutes of limitations are laws that limit the length of time available for bringing a lawsuit in court. They are designed to protect “defendants and the courts from having to deal with cases in which the search for truth may be seriously impaired by the loss of evidence, whether by death or disappearance of witnesses,…
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Making Repossessions Safer and Fairer: Model Consumer Amendments to Uniform Commercial Code Article 9
Existing law governing repossession of motor vehicles and other personal property leaves consumers vulnerable to the whims of creditors and largely in the dark as to the nature of the process. Secured creditors can, without any court or other government supervision, decide when to repossess the consumer’s property, seize it without notice, and sell it…
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Safer Cars at the Point of Sale Act
Unsafe cars, whether caused by prior wreck or flood damage, or other causes, are a danger to drivers, passengers, and other road users. Serious flood damage to vehicles is a regular and growing occurrence. In 2017, Hurricanes Irma and Harvey flooded almost one million cars in a two week period. And estimates are that about…
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Criminal Justice Debt - How States Can Help
Criminal justice debt stemming from fines and fees is disproportionately borne by low-wage workers without job security and people of color. These populations will experience the financial stress caused by the pandemic most acutely. Many will lose jobs and be unable to pay criminal justice debts through no fault of their own.
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Mission Creep: a Primer on Use of Credit Reports & Scores for Non-Credit Purposes
This white paper provides an overview of the most significant uses of credit reports and credit scores for purposes other than credit underwriting. These non-credit uses include: Employment, Rental housing, Insurance, and others.
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