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Does junior inherit? Refinancing and the blocking power of second mortgages

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  • Philip Bond
  • Ronel Elul
  • Sharon Garyn-Tal
  • David K. Musto

Abstract

Refinancing a first mortgage puts legal principles in conflict when other, junior, liens also exist. On one hand, the principle that seniority follows time priority leaves the new refinancing mortgage junior to mortgages that were junior to the original, refinanced first mortgage. On the other hand, the principle of equitable subrogation gives the refinancing mortgage the seniority of the claim it paid down. States resolve this tension differently, thus differentiating how much a second mortgage impedes refinancing of the first. We exploit this cross-state variation to identify the impact on mortgage refinancing and find that refinancing is significantly more likely in the states following the principle of equitable subrogation when the homeowner also has a second mortgage.

Suggested Citation

  • Philip Bond & Ronel Elul & Sharon Garyn-Tal & David K. Musto, 2012. "Does junior inherit? Refinancing and the blocking power of second mortgages," Working Papers 13-03, Federal Reserve Bank of Philadelphia.
    • Handle: RePEc:fip:fedpwp:13-03
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    References listed on IDEAS

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    1. Agarwal, Sumit & Amromin, Gene & Ben-David, Itzhak & Chomsisengphet, Souphala & Zhang, Yan, 2014. "Second Liens and the Holdup Problem in Mortgage Renegotiation," Working Paper Series 2014-02, Ohio State University, Charles A. Dice Center for Research in Financial Economics.
    2. Andrew F. Haughwout & Donghoon Lee & Joseph Tracy & Wilbert Van der Klaauw, 2011. "Real estate investors, the leverage cycle, and the housing market crisis," Staff Reports 514, Federal Reserve Bank of New York.
    3. John M. Clapp & Gerson M. Goldberg & John P. Harding & Michael LaCour‐Little, 2001. "Movers and Shuckers: Interdependent Prepayment Decisions," Real Estate Economics, American Real Estate and Urban Economics Association, vol. 29(3), pages 411-450, March.
    4. Donghoon Lee & Wilbert Van der Klaauw, 2010. "An introduction to the FRBNY Consumer Credit Panel," Staff Reports 479, Federal Reserve Bank of New York.
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    Cited by:

    1. Chan, Sewin & Haughwout, Andrew & Tracy, Joseph, 2015. "How Mortgage Finance Affects the Urban Landscape," Handbook of Regional and Urban Economics, in: Gilles Duranton & J. V. Henderson & William C. Strange (ed.), Handbook of Regional and Urban Economics, edition 1, volume 5, chapter 0, pages 987-1045, Elsevier.
    2. Michael J. Seiler, 2017. "Do Liquidated Damages Clauses Affect Strategic Mortgage Default Morality? A Test of the Disjunctive Thesis," Real Estate Economics, American Real Estate and Urban Economics Association, vol. 45(1), pages 204-230, February.

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    Keywords

    Mortgage loans; Mortgages;

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