CONSTITUTIONAL LAW -VALIDITY OF STATE MORTGAGE MORATORIUM STATUTES - EFFECT OF EMERGENCY

Authors

Abstract

A Maryland statute provided that mortgagees holding less than a 25 per cent interest in a mortgage could not have recourse to summary remedies for sale of mortgaged property during an emergency period declared to exist until June 1, 1935. Plaintiff, the holder of such an interest in a mortgage providing for summary proceedings for sale upon default, had the right to foreclose in this manner, mortgagor having defaulted, if the statute did not bar his action. Held, the remedies denied were so interwoven with the rights contracted for that the abolition of such remedies impaired the right, and is repugnant to the contracts clause of the federal Constitution. United States Mortgage Co. v. Matthews, (Md. 1934) 173 Atl. 903.

Recommended Citation

CONSTITUTIONAL LAW -VALIDITY OF STATE MORTGAGE MORATORIUM STATUTES - EFFECT OF EMERGENCY, 33 Mich. L. Rev. 1261 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss8/18