This case presents the somewhat unique legal issue of whether or not a mortgagee which has already foreclosed upon the underlying mortgage and which is barred by a bankruptcy discharge from obtaining a deficiency judgment can pursue an action in waste against the mortgagor.
Defendant Herman Breuer (Breuer) mortgaged a two-family residence located on Elm Street in Saratoga Springs to plaintiff. In July 1995, plaintiff had...
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