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Boyack on Price Stability & the Real Estate Market Collapse

By Lawrence Solum

Andrea J Boyack (George Washington University Law School) has posted Lessons in Price Stability from the U.S. Real Estate Market Collapse on SSRN. Here is the abstract:

The U.S. residential housing market collapse illustrates the consequences of ignoring risk while funding mortgage borrowing. Collateral over-valuation was a foundational piece of the crisis. Over the past few decades, secondary markets, securitization, policy and psychology increased the flow of funds into real estate. At the same time, financial market segmentation divorced risk from reward. Increased mortgage capital availability, unmitigated by proper risk allocation, led to real estate price inflation. Social trends and government policies exacerbated both the mortgage capital over-supply and the risk-valuation disconnect.

The Dodd-Frank Act inadequately addresses the underlying asset valuation problem. Federal regulation may support market stability systemically, but micro-level oversight and private rights of action more efficiently and effectively secure responsible mortgage pricing.

Full post as published by Legal Theory Blog on August 28, 2010 (boomark / email).