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Document Type

Article

Media Type

Text

Abstract

Lawyers for lenders and borrowers are joining their clients in questionable actions in foreclosure litigation as a massive number of borrower defaults have led to a flood of lawsuits. This article describes some of the practices lawyers for lenders and borrowers have undertaken in this race to the bottom likely rationalized by “the ends justify the means” and “everyone else is doing it, why can’t I?” It goes on to outline the minimum standards set by the rules of legal ethics and to describe just what foreclosure lawyers should be doing. The lessons are not new, but the foreclosure crisis highlights the need to revisit them.

First Page

419

Last Page

444

Publication Date

6-1-2012

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Suggested Citation

James Geoffrey Durham, Avoiding a Lawyers’ Race to the Foreclosure Bottom: Some Advice to Lawyers for Lenders and Borrowers on Their Roles in Foreclosure Litigation, 32 N. Ill. U. L. Rev. 419 (2012).

Included in

Law Commons

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