Beneficial Homeowner Services Corp. v. Breuer

OPINION OF THE COURT

William H. Keniry, J.

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 the property appraised and *289it was valued at $81,500. In October 1995 Breuer filed for personal bankruptcy naming plaintiff as a…