文章基本信息

标题：Where Kafka Reigns: A Call for Metamorphosis in Unlawful Detainer Law
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作者：Campbell, John
期刊名称：University of Michigan Journal of Law Reform
印刷版ISSN：0363-602X
出版年度：2016
卷号：49
期号：3
页码：557-604
出版社：University of Michigan Law School
摘要：This story reflects a new reality in which nonjudicial foreclosure, combined with draconian unlawful detainer laws, concretizes the injuries associated with wrongful foreclosure, degrades the perceived legitimacy of the courts, and suppresses valid claims of wrongful foreclosure. Indeed, this very scenario happens regularly in a variety of states. This story is a very real tale of how homeowners are harmed by a foreclosure process that has largely escaped scholarly review. Rooted in the belief that sunshine is a powerful disinfectant, this Article aims to shed light on states that hogtie homeowners and makes a normative argument that such a process is inconsistent with the rest of home-centric jurisprudence, notions of legitimacy, the modern trend towards centralization and consolidation of claims, and our basic understanding of tort claims as deterrents.
关键词：Unlawful detainer; Wrongful detainer; Forcible detainer; Forcible entry action; Nonjudicial forecolosures; Judicial foreclosures; Homeowners; Noteholders; Evictions; Homes; Law reform; Titles; Efficiency; Claims