Constitutional Issues Relating to Proposals for Foreclosure Moratorium Legislation That Affects Existing Mortgages.

Format:

Book

Government document

Author/Creator:

Library of Congress. Congressional Research Service.

Language:

English

Subjects (All):

United States. Congress--Powers and duties.

United States.

United States. Congress.

Right of property.

Constitutional law.

Physical Description:

1 online resource (15 pages, digital, PDF file)

Place of Publication:

[Place of publication not identified] : [publisher not identified], 2008.

System Details:

text file

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.

Notes:

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.

Other Format:

Microfiche version: Library of Congress. Congressional Research Service. Constitutional Issues Relating to Proposals for Foreclosure Moratorium Legislation That Affects Existing Mortgages

Access Restriction:

Restricted for use by site license.