A Comment on "Misbehavior and Mistake in Bankruptcy Mortgage Claims"

In this Comment to Professor Porter’s article, Professor Littwin discusses the disturbing results of Porter’s investigation into the mortgage-servicing industry and the mortgagee-filed proofs of claim process in bankruptcy.  Littwin also evaluates Porter’s suggestions for improving the process. 

She considers their probability of success by focusing on the likelihood of adoption and effectiveness upon institution.  Littwin’s Comment concludes with a discussion of the proposed elimination of the exemption currently preventing “cram down” of primary-residence home mortgages in bankruptcy.