Prop2 Class 7 – Mortgages

September 5th, 2017

The lecture notes are here.

Today we will be covering mortgages. You can view samples of Texas mortgages here:

Texas’s Anti-deficiency statute is here.

(c)  If the court determines that the fair market value is greater than the sale price of the real property at the foreclosure sale, the persons against whom recovery of the deficiency is sought are entitled to an offset against the deficiency in the amount by which the fair market value, less the amount of any claim, indebtedness, or obligation of any kind that is secured by a lien or encumbrance on the real property that was not extinguished by the foreclosure, exceeds the sale price. If no party requests the determination of fair market value or if such a request is made and no competent evidence of fair market value is introduced, the sale price at the foreclosure sale shall be used to compute the deficiency.

And this clip from South Park may help explain the subprime mortgage crisis. Or not.