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Taking Personal Responsibility: A Different View of Mortgage Anti-Deficiency and Redemption Statutes

Abstract

In this Article, Professor Hughes critiques statutory rights of redemption and anti-deficiency laws as mortgagor protection devices that often allow borrowers to avoid taking personal responsibility for their mortgage obligations. He begins by exploring traditional arguments for and against maintaining these devices, then proceeds to discuss their moral implications. Professor Hughes concludes by suggesting that mortgagors could receive adequate protection through appropriate pre-qualification by lenders, and by comprehensive and easily understandable disclosures to potential mortgagors.

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39 Ariz. L. Rev. 117 (1997)

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Authors

James B. Hughes Jr. (Emory University)

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