Earticle

초록

영어

In the U.S., securitization of residential home loans have dramatically changed the operation of the home mortgage market. The recent turmoil in the home mortgage market has enlivened discussion of the assignee liability of the owners of home mortgage loans, arising from the activities of the originators of home mortgage loans. One topic in these discussion is the holder in due course rule. Under Article sec. 3-302 of the Uniform Commercial Code (hereinafter "UCC"), this rule insulates some assignees from borrowers' claims and defenses to payment. Generally speaking, under the UCC, a holder in due course is a person who acquires a home mortgage note for value, in good faith, without notice that it is overdue, dishonored,
or that any person has any claim or defense. The holder is protected by the UCC from most claims and defenses that mortgage borrowers can assert to avoid paying on the promissory note. Through this protection of the holder in due course rule, however, predatory lenders have been able to avoid the risk of harm created by those lenders and investors in the securitization market have been able to assign almost all such risk to the homeowners who are the victims of the predatory lenders's practices. This article tries to understand how predatory mortgage lending has become so rampant in the U.S. and to find suggestions for Korean lending industry and relevant legal regimes regarding the holder in due course rule.

목차

I. 서론
 II. 미국 통일상법전법상의 선의취득제도 개관
  1. 유통증권의 개념
  2. 유통증권의 선의취득을 위한 요건
 III. 미국내 선의취득제도에 대한 최근 논의동향
  1. 문제제기
  2. 약탈적 대출 규제를 위한 미국 연방정부 차원의 법적 대응방안
  3. 약탈적 주택담보대출에 대한 유통증권의 선의취득제도 폐지 논의
 IV. 국내 시사점 및 결론
 참고문헌
 

키워드

저자

• 문정해 [ Moon, Jung-Hai | 원광대학교 법학전문대학원 조교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340