Should an eminent domain property taking be allowed to cause a mortgage default and possible bankruptcy?
This case exposes students to the ethical and legal issues property owners face during eminent domain proceedings in an environment of downward spiraling housing prices. Current federal and state eminent domain laws have no provisions for situations where property owners are significantly underwater on their mortgages. The potential outcome is an otherwise financially viable loan holder being saddled with a large deficiency judgment, possibly needing to file for bankruptcy protection.
Eminent domain, Mortgage loans, Bankruptcy
DuVal, C. W., & Seiler, M. J. (2012). Should an eminent domain property taking be allowed to cause a mortgage default and possible bankruptcy? Journal of Real Estate Practice and Education, 15(2), 153-168. https://doi.org/10.1080/10835547.2012.12091706