ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Tuesday, December 23, 2008

Two Takes on High-Risk Borrowing ...

... one whimsical and seasonal; the other thoughtful and timely.

This, from Sunday's Las Vegas Review-Journal:


BargillAnd, from NYU's Oren Bar-Gill, The Law, Economics and Psychology of Subprime Mortgage Contracts:

Over 4 million subprime loans were originated in 2006, bringing the total value of outstanding subprime loans over a trillion dollars. A few months later the subprime crisis began, with soaring foreclosure rates and hundreds of billions, perhaps trillions, of dollars in losses to borrowers, lenders, neighborhoods and cities, not to mention broader effects on the US and world economy. In this Article, I focus on the subprime mortgage contract and its central design features. I argue that these contractual design features can be explained as a rational market response to the imperfect rationality of borrowers. Accordingly, for many subprime borrowers loan contracts were not welfare maximizing. And to the extent that the design of subprime mortgage contracts contributed to the subprime crisis, the welfare loss to borrowers, substantial in itself, is compounded by much broader social costs. Finally, I argue that a better understanding of the market failure that produced these inefficient contracts should inform the ongoing efforts to reform the regulations governing the subprime market.

[Keith A. Rowley]

December 23, 2008 in In the News, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)


One of my former research assistants sent me this card two or three years ago.

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December 23, 2008 in Miscellaneous | Permalink | TrackBack (0)