2007Unpublished venueRequires access

The Mortgage Transfer:Odds-weighing and Choices

He Deng

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Abstract

The transfer of mortgage concerns the utilization of the related mortgage,the safety of transaction and the conflict and balance of the interests of the mortgage creditor,mortgage debtor and mortgage middleperson.In terms of the odds-weighing and choices of designing the system of mortgage transfer,if the mortgage debtor has the right to freely transfer the mortgage,the mortgage middleperson safeguards his/her interests of guaranteeing by exercising the right of subrogation and recourse and the mortgage creditor defends his/her interests by having the right of choosing mortgage and of breaking away from the mortgage holdings,the various related values of law can be embodied to the greatest extent so that the demands of the interests of the three parties can all be satisfied.

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The transfer of mortgage concerns the utilization of the related mortgage,the safety of transaction and the conflict and balance of the interests of the mortgage creditor,mortgage debtor and mortgage middleperson.In terms of the odds-weighing and choices of designing the system of mortgage transfer,if the mortgage debtor has the right to freely transfer the mortgage,the mortgage middleperson safeguards his/her interests of guaranteeing by exercising the right of subrogation and recourse and the mortgage creditor defends his/her interests by having the right of choosing mortgage and of breaking away from the mortgage holdings,the various related values of law can be embodied to the greatest extent so that the demands of the interests of the three parties can all be satisfied.

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Available abstract

The transfer of mortgage concerns the utilization of the related mortgage,the safety of transaction and the conflict and balance of the interests of the mortgage creditor,mortgage debtor and mortgage middleperson.In terms of the odds-weighing and choices of designing the system of mortgage transfer,if the mortgage debtor has the right to freely transfer the mortgage,the mortgage middleperson safeguards his/her interests of guaranteeing by exercising the right of subrogation and recourse and the mortgage creditor defends his/her interests by having the right of choosing mortgage and of breaking away from the mortgage holdings,the various related values of law can be embodied to the greatest extent so that the demands of the interests of the three parties can all be satisfied.

Key concepts: Shared appreciation mortgage, Mortgage insurance, Mortgage underwriting, Debtor, Collateralized mortgage obligation, Creditor, Odds, Secondary mortgage market

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