Although some scholars argue that prohibiting deficiency judgments will lead to increased strategic default by borrowers who still have the financial resources to make their monthly payments, several recent studies discount this hypothesis. The ability of lenders to predict and protect themselves from losses related to borrower default, as well as the increase in predatory lending practices leading unsuspecting borrowers to take out unsustainable loans, necessitate a legislative response. This Comment argues that states have a valid interest in protecting their citizens from financial ruin¿and in encouraging recovery over punishment¿and should enact legislation prohibiting deficiency judgments for residential borrowers.
Kicked While They're Down: Deficiency Judgments and the Great Recession,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol67/iss6/8