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Recourse restrictions and judicial foreclosures: Effects of mortgage law on loan price and collateralization

Ana Sa

International Review of Law and Economics, 2023, vol. 75, issue C

Abstract: Borrower-friendly laws, such as recourse restrictions and judicial foreclosures, impose higher costs and risks to lenders. Yet, there is little evidence on how lenders transfer them to borrowers at the mortgage origination. By exploiting the mortgage law heterogeneity across U.S. states, I show that recourse restrictions trigger a collateral channel, through which lenders require a 1.6 to 1.9 percentage points lower loan-to-value ratio to compensate for worse recovery opportunities and respective higher expected loss. This effect holds both before and after the Great Recession, and is robust to a regression discontinuity design approach. I also find that lenders do not penalize strategic defaults when recourse is not allowed. Regarding the impact of judicial requirements, the findings are mixed.

Keywords: Mortgage; Judicial foreclosure; Recourse; Non-recourse; Mortgage law; Mortgage contract terms; Interest rate; Loan-to-value ratio (search for similar items in EconPapers)
JEL-codes: E43 G21 G28 K25 K35 (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:eee:irlaec:v:75:y:2023:i:c:s0144818823000200

DOI: 10.1016/j.irle.2023.106142

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International Review of Law and Economics is currently edited by C. Ott, A. W. Katz and H-B. Schäfer

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