TY - JOUR
T1 - Using banks
T2 - The effect of national attitudes to public intervention in mortgage lending and eviction in French and English law
AU - Christudason, Alice
AU - Kenna, Padraic
AU - Ball, Jane
PY - 2010/7/13
Y1 - 2010/7/13
N2 - Purpose – The purpose of this paper is to show the different attitudes to bank ownership and regulation, residential lending and eviction in the UK and France, with their effects in the credit crunch and how these factors are connected. UK noninterventionism stems from a history of private banking, where competition produced plentiful finance but high risks for borrowers, where eviction is certain and fairly quick, but not necessarily disastrous for borrowers within a flexible system. The French history of postwar interventionism for reconstruction and cautious banking has had successes and failures, culminating in largescale special loans to lowerincome borrowers, improving lending liquidity and stability. The French lower lending levels, intervention and caution can be partly explained by the disastrous effects of French debt and eviction processes on borrowers, but with overlay of delay and social protection. Design/methodology/approach – The paper uses a historical institutionalist approach, calling on historical materials, statistics (where available) and the law and procedure of banking, mortgages, eviction and insolvency. Quantitative comparison of mortgage evictions is difficult, but procedures illuminate this. Findings – National approaches to banking are path dependent and this effect is underestimated, particularly concerning attitudes to public intervention and eviction. Awareness of these connected effects could improve comparative research to assist lending to lower income groups, particularly concerning special French loans. Practical implications – This can improve openmindedness, and promote ideas to house young people rather than simply calling for heavy regulation in the UK, or criticising French interventionism. Originality/value – Comparative evictions related to the history of banking intervention are considerably understudied. The paper addresses the issues.
AB - Purpose – The purpose of this paper is to show the different attitudes to bank ownership and regulation, residential lending and eviction in the UK and France, with their effects in the credit crunch and how these factors are connected. UK noninterventionism stems from a history of private banking, where competition produced plentiful finance but high risks for borrowers, where eviction is certain and fairly quick, but not necessarily disastrous for borrowers within a flexible system. The French history of postwar interventionism for reconstruction and cautious banking has had successes and failures, culminating in largescale special loans to lowerincome borrowers, improving lending liquidity and stability. The French lower lending levels, intervention and caution can be partly explained by the disastrous effects of French debt and eviction processes on borrowers, but with overlay of delay and social protection. Design/methodology/approach – The paper uses a historical institutionalist approach, calling on historical materials, statistics (where available) and the law and procedure of banking, mortgages, eviction and insolvency. Quantitative comparison of mortgage evictions is difficult, but procedures illuminate this. Findings – National approaches to banking are path dependent and this effect is underestimated, particularly concerning attitudes to public intervention and eviction. Awareness of these connected effects could improve comparative research to assist lending to lower income groups, particularly concerning special French loans. Practical implications – This can improve openmindedness, and promote ideas to house young people rather than simply calling for heavy regulation in the UK, or criticising French interventionism. Originality/value – Comparative evictions related to the history of banking intervention are considerably understudied. The paper addresses the issues.
KW - Banking
KW - Housing
KW - Insolvency
KW - Mortgage default
KW - Regulation
UR - https://www.scopus.com/pages/publications/84986064620
U2 - 10.1108/17561451011058771
DO - 10.1108/17561451011058771
M3 - Review article
AN - SCOPUS:84986064620
SN - 1756-1450
VL - 2
SP - 118
EP - 137
JO - International Journal of Law in the Built Environment
JF - International Journal of Law in the Built Environment
IS - 2
ER -