Archive for June, 2010

The Extraordinary Power of TROs: A Note on In Re Federal National Mortgage Association (“Fannie Mae”)

June 18, 2010

This next paper is truly an interesting one. Just recently, the South Carolina Supreme Court was confronted with a grave problem which directly impacted – quite literally – hundreds of possible mortgage foreclosure cases.

Although I am highly biased (after all, I am a lawyer and a law school professor), on the whole, the South Carolina Court System is up to almost any challenge, no matter how difficult it may first appear to be. At all events, confronted with a grave set of problems, potentially impacting countless mortgage foreclosures, the Chief Justice entered a remarkable Order (modified in part several weeks later) to address this then pending crisis. This paper, written by two very good law students whose bios are linked to here, discusses some of the unusual events and the unusual actions taken by the Court in this moment of crisis. It not only makes for highly interesting reading – it is instructive at several different levels. I pass it on now – and, of course, like all the other papers that are already on the blog and more to come, I invite comment.

Please remember, all these papers were written by third year law students. I thank them for their invaluable contribution and look forward to someday having a lot of free legal research available for interested members of the judiciary, interested members of the bar, and just those plain interested in the topics of equity, equitable remedies, and equitable jurisprudence.

PS: Most of these papers deal directly with South Carolina law.