This memorandum argues that the sale of loans and loan pools to new owners would help to stabilize housing prices, and that such a modification to the REMIC rules would be desirable and well within Congress’ constitutional authority. Furthermore, it would not lead to successful legal claims by investors in securitized loan pools under the Just Compensation or Due Process clauses, which provide the primary constitutional protections for property interests.
Barr, Michael S. Issue Brief: Overcoming Legal Barriers to the Bulk Sale of At-Risk Mortgages. J. A. Feldman, co-author. Washington, D.C.: Center for American Progress, 2008.