EVASION OF MORTGAGE MORATORIA BY PROSECUTION OF PERSONAL REMEDIES

Wheeler, Gordon B. & Durfee, Edgar N.

Journal: Michigan Law Review

Volume: 33

First Page: 1196

Year: 1935

Bluebook Citation: 33 MICH. L. REV. 1196 (1935)

Author: Gordon B. Wheeler: all 1 publication


Abstract

For reasons political, social and economic which have never been fully analyzed, the moratory legislation of the last five years has shown special favor to the debtor whose obligation is secured by mortgage of land, and this legislation is faintly echoed in moratory decisions which have no direct statutory foundation. Granted that contracts have sometimes received similar treatment, that banks and insurance companies have also enjoyed indulgence, and that the new chapters of the Bankruptcy Act extend asylum to all and sundry, yet the mortgage is so far favored that the word "moratorium" brings to mind this case before all others.

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