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To change or not to change: the impact of the law on mortgage origination

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  • Sá, Ana Isabel

Abstract

Differences in mortgage law have significant effects on loan characteristics at origination. Borrower-friendly laws impose higher costs and risks for lenders and, thus, induce effects on mortgage pricing and leverage. However, not all borrower-friendly laws have the same effects.This finding is established using loan-level data for the U.S. mortgage market between 2001 and 2011. Judicial foreclosure requirements imply higher mortgage interest rates due to higher recovery costs and activate the price channel. Recourse restrictions imply higher loan collateralization to compensate for the fewer recovery opportunities and activate the collateral channel.

Suggested Citation

  • Sá, Ana Isabel, 2020. "To change or not to change: the impact of the law on mortgage origination," MPRA Paper 104818, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:104818
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    1. Thomas Hintermaier & Winfried Koeniger, 2016. "Debt Portfolios and Homestead Exemptions," American Economic Journal: Macroeconomics, American Economic Association, vol. 8(4), pages 103-141, October.
    2. repec:hal:spmain:info:hdl:2441/5qjpn9qdt4886rqeks8p6b6t11 is not listed on IDEAS
    3. Joe P. Mattey, 2000. "Measuring interest rate risk for mortgage-related assets," FRBSF Economic Letter, Federal Reserve Bank of San Francisco, issue jan14.
    4. Machado, José A.F. & Santos Silva, J.M.C., 2019. "Quantiles via moments," Journal of Econometrics, Elsevier, vol. 213(1), pages 145-173.
    5. Basten, Christoph & Guin, Benjamin & Koch, Catherine, 2018. "How do banks and households manage interest rate risk? Evidence from mortgage applications and banks’ responses," Bank of England working papers 733, Bank of England.
    6. Christoph Basten, 2020. "Higher Bank Capital Requirements and Mortgage Pricing: Evidence from the Counter-Cyclical Capital Buffer," Review of Finance, European Finance Association, vol. 24(2), pages 453-495.
    7. Li, Wenli & Oswald, Florian, 2017. "Recourse and residential mortgages: The case of Nevada," Journal of Urban Economics, Elsevier, vol. 101(C), pages 1-13.
    8. Gambacorta, Leonardo, 2008. "How do banks set interest rates?," European Economic Review, Elsevier, vol. 52(5), pages 792-819, July.
    9. Leonardo Gambacorta & Paolo Emilio Mistrulli, 2014. "Bank Heterogeneity and Interest Rate Setting: What Lessons Have We Learned since Lehman Brothers?," Journal of Money, Credit and Banking, Blackwell Publishing, vol. 46(4), pages 753-778, June.
    10. repec:hal:spmain:info:hdl:2441/6ka8i7k76r83u9an5s6phimuh3 is not listed on IDEAS
    11. Brian T. Melzer, 2017. "Mortgage Debt Overhang: Reduced Investment by Homeowners at Risk of Default," Journal of Finance, American Finance Association, vol. 72(2), pages 575-612, April.
    12. Karen M. Pence, 2006. "Foreclosing on Opportunity: State Laws and Mortgage Credit," The Review of Economics and Statistics, MIT Press, vol. 88(1), pages 177-182, February.
    13. Valentina Michelangeli & Enrico Sette, 2016. "How does bank capital affect the supply of mortgages? Evidence from a randomized experiment," BIS Working Papers 557, Bank for International Settlements.
    14. Gerardi, Kristopher & Lambie-Hanson, Lauren & Willen, Paul S., 2013. "Do borrower rights improve borrower outcomes? Evidence from the foreclosure process," Journal of Urban Economics, Elsevier, vol. 73(1), pages 1-17.
    15. Mikhail Chernov & Brett R. Dunn & Francis A. Longstaff, 2018. "Macroeconomic-Driven Prepayment Risk and the Valuation of Mortgage-Backed Securities," The Review of Financial Studies, Society for Financial Studies, vol. 31(3), pages 1132-1183.
    16. Luigi Guiso & Paola Sapienza & Luigi Zingales, 2013. "The Determinants of Attitudes toward Strategic Default on Mortgages," Journal of Finance, American Finance Association, vol. 68(4), pages 1473-1515, August.
    17. Repullo, Rafael & Suarez, Javier, 2004. "Loan pricing under Basel capital requirements," Journal of Financial Intermediation, Elsevier, vol. 13(4), pages 496-521, October.
    18. Arden Hall & Ramain Quinn Maingi, 2019. "The Mortgage Prepayment Decision: Are There Other Motivations Beyond Refinance and Move?," Working Papers 19-39, Federal Reserve Bank of Philadelphia.
    19. Brent W. Ambrose & Michael LaCour‐Little & Anthony B. Sanders, 2004. "The Effect of Conforming Loan Status on Mortgage Yield Spreads: A Loan Level Analysis," Real Estate Economics, American Real Estate and Urban Economics Association, vol. 32(4), pages 541-569, December.
    20. Pruszkowski Tomasz, 2017. "Deficiency Judgments as a Mortgage Pricing Factor," International Journal of Management and Economics, Warsaw School of Economics, Collegium of World Economy, vol. 53(2), pages 57-68, June.
    21. Andra C. Ghent & Marianna Kudlyak, 2011. "Recourse and Residential Mortgage Default: Evidence from US States 1," The Review of Financial Studies, Society for Financial Studies, vol. 24(9), pages 3139-3186.
    22. Wenli Li & Michelle J. White & Ning Zhu, 2011. "Did Bankruptcy Reform Cause Mortgage Defaults to Rise?," American Economic Journal: Economic Policy, American Economic Association, vol. 3(4), pages 123-147, November.
    23. Andra Ghent, 2014. "How Do Case Law and Statute Differ? Lessons from the Evolution of Mortgage Law," Journal of Law and Economics, University of Chicago Press, vol. 57(4), pages 1085-1122.
    24. Cem Demiroglu & Evan Dudley & Christopher M. James, 2014. "State Foreclosure Laws and the Incidence of Mortgage Default," Journal of Law and Economics, University of Chicago Press, vol. 57(1), pages 225-280.
    25. Charles W. Calomiris & Stanley D. Longhofer & William R. Miles, 2013. "The Foreclosure–House Price Nexus: A Panel VAR Model for U.S. States, 1981–2009," Real Estate Economics, American Real Estate and Urban Economics Association, vol. 41(4), pages 709-746, December.
    26. John Krainer & Stephen F. LeRoy, 2010. "Risky mortgages and mortgage default premiums," FRBSF Economic Letter, Federal Reserve Bank of San Francisco, issue dec20.
    27. Milonas, Kristoffer, 2017. "The effect of foreclosure laws on securitization: Evidence from U.S. states," Journal of Financial Stability, Elsevier, vol. 33(C), pages 1-22.
    28. Brueckner, Jan K., 1994. "The Demand for Mortgage Debt: Some Basic Results," Journal of Housing Economics, Elsevier, vol. 3(4), pages 251-262, December.
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    More about this item

    Keywords

    mortgage; mortgage law; interest rate; mortgage pricing; judicial foreclosure; nonrecourse; loan-to-value ratio; credit supply;
    All these keywords.

    JEL classification:

    • E43 - Macroeconomics and Monetary Economics - - Money and Interest Rates - - - Interest Rates: Determination, Term Structure, and Effects
    • G21 - Financial Economics - - Financial Institutions and Services - - - Banks; Other Depository Institutions; Micro Finance Institutions; Mortgages
    • G28 - Financial Economics - - Financial Institutions and Services - - - Government Policy and Regulation
    • K35 - Law and Economics - - Other Substantive Areas of Law - - - Personal Bankruptcy Law

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