Santa Clara Law Review Volume 26 | Number 1 Article 7 1-1-1986 Adjustable Rate Mortgages: A Proposed Statutory Reform David W. Miller Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation David W. Miller, Comment, Adjustable Rate Mortgages: A Proposed Statutory Reform, 26 Santa Clara L. Rev. 253 (1986). Available at: http://digitalcommons.law.scu.edu/lawreview/vol26/iss1/7 This Comment is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. ADJUSTABLE RATE MORTGAGES: A PROPOSED STATUTORY REFORM I. INTRODUCTION There is no way our savings institutions can remain viable.. without the widespread use of ARMs.1 As a solution to rising interest rates, ARMs could prove to be the cure that is worse than the disease.' Imagine that the year is 1978. Home mortgage interest rates are below ten percent and there are only faint signs of dramatic interest rate increases on the horizon. The traditional thirty-year fixed-rate mortgage is enjoying unprecedented popularity. Our protagonist, Mr. Van Winkle, purchases one such traditional mortgage from his neighborhood savings and loan. Satisfied with the economic stability and financial calm of the day, Van Winkle decides to take an eight- year nap, a sleep slightly longer than the average life of a home mortgage.8 The year is now 1986. Van Winkle awakens and visits his old savings and loan institution to see about financing a new home.