New Hybrid Status for Government Lenders - Arcoren v. Peters, A
Garvey, Mary M.
INTRODUCTION|The core elements of procedural due process are the right to notice and an opportunity for a hearing to challenge the validity of a deprivation of life, liberty, or property by the government. In the scope of lender/borrower relations, where a lender seeks to repossess secured collateral from a defaulting borrower, procedural due process rights clearly do not apply when the lender is a private entity using private creditor remedies because there is no government action. However, due process rights may be triggered when the lender is in some way related to the government, thus constituting government action, or when a private lender uses government assisted prejudgment remedies. In these latter two categories, it is not clear when the requirements of notice and opportunity for a hearing apply...
21 Creighton L. Rev. 1219 (1987-1988)
Creighton University School of Law