Procedures of Forbearance and Mortgage Enforcement : A Comparative Overview of Systems in Europe, the USA and South Africa.

Format:

Book

Author/Creator:

Visser, Irene.

Language:

English

Subjects (All):

Mortgage loans--Law and legislation.

Mortgage loans.

Comparative law.

Physical Description:

1 online resource (516 pages)

Edition:

1st ed.

Place of Publication:

The Hague : Boom Uitgevers Den Haag, 2025.

Summary:

Financial Crisis and the Shift to Forbearance The Global Financial Crisis (2008-2013) was a paradigm shift for mortgage enforcement proceedings.Not only did it lead to significant changes in legislation to improve enforcement procedures in many jurisdictions, the crisis also revealed the importance of forbearance measures.

Contents:

Intro

Contents

List of Abbreviations

List of Contributors

1 Introduction

1.1 Background

1.2 Methodology and Terminology

1.3 Content of This Book

1.4 Acknowledgments

2 Introductory Remarks

2.1 Current Developments Regarding Forbearance and Mortgage Enforcement Proceedings in Europe

2.1.1 Mortgage Enforcement Proceedings: A Matter of National Competence

2.1.2 The Reaction Against the Global Financial Crisis

2.2 Shifting from an Enforcement Culture to a Forbearance Culture: How the Right to Housing Transformed South African Mortgage Law

2.2.1 Introduction

2.2.2 Enforcement Culture

2.2.3 Shifting to a Forbearance Culture

2.2.3.1 Background: Housing Rights

2.2.3.2 The Jaftha Case

2.2.4 Conclusion

2.3 The American Housing Market and Mortgage Finance: Challenges and Changes

2.3.1 Housing Finance in the US

2.3.2 COVID-19 and Foreclosures

2.3.3 Constitutional Challenges to Crisis Response Measures

2.3.4 Implications for Future Crisis Response

2.4 Mortgage Enforcement in a Time of Pandemic: Lessons from England &amp

Wales?

2.4.1 Objectives and Aims

2.4.2 Methodology

2.4.3 The Response to the COVID-19 Pandemic

2.4.3.1 Mortgage Borrowers

2.4.3.2 Legal Proceedings for Possession

2.4.3.3 The 'Overall Arrangements' (OA)

2.4.4 Were the OA Effective in Taking into Account the Effect of the Pandemic on All Parties?

2.4.4.1 The R Date - Was It Effective?

2.4.4.2 Substantive Hearings

2.4.4.3 Why Do Occupiers Not Engage?

2.4.5 Outcome of These Measures

2.4.6 Conclusions

2.5 'Reasonable Forbearance' Prior to Enforcement in the Mortgage Credit Directive

2.5.1 Introduction

2.5.2 The New Wording of Article 28(1) MCD

2.5.3 The Implications of the Reform

2.5.4 Concluding Remarks: What to Expect from the Review of the MCD.

2.6 New Directive on Credit Servicers and Credit Purchasers

2.6.1 Introduction

2.6.2 The Credit Servicers Directive

2.6.3 Credit Purchasers

2.6.4 Credit Servicers

2.6.5 Authorisation, 'Passporting' and Cross-Border Regulation

2.6.6 Consumer Protection

3 Country Reports

3.1 Belgium

3.2 England

3.3 Greece

3.4 Ireland

3.5 Italy

3.6 The Netherlands

3.7 Poland

3.8 South Africa

3.9 Spain

3.10 Turkey

3.11 The United States

Appendix 1. Data sources Chapter 3.5 (Italy)

Appendix 2. Questionnaire 'Forbearance and Mortgage Enforcement Proceedings'.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

94-001-1554-7

9789400115545

OCLC:

1534196538