The Yale Law Journal

Jessie Agatstein


In Defense of “Free Houses”

Megan Wachspress, Jessie Agatstein & Christian Mott

Eight years after the start of America’s housing crisis, state courts are increasingly confronting an unanticipated consequence: what happens when a bank brings a foreclosure suit and loses? Well-established legal principles seem to provide a clear answer: the homeowner keeps her…