Monday, May 4, 2009

Contract? Who Cares About Contracts?

Here, Brenner and Hume explain how the four largest banks in the country have a huge stake in courts revoking contract law in the case of mortgages.

But what about simple principles of contract law and keeping one's word? If courts force owners of mortgages to accept cram downs of principle or interest in a mortgage contract, that's compulsion---unless, of course, fraud was involved when the mortgage was written.

But mostly, no one is alleging fraud. People who won't or can't pay their mortgage can walk away. That's what foreclosure is all about. So who is that is lobbying Congress and the courts to modify mortgage contracts?

No comments: