Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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tmc
I got a loan 6 years ago.
Filed chpter 7 which was discharged 2 years ago.
Lost my home at trustee sale 8 weeks ago.
Amount owed on the Note was $250,000 more than the amount received at trustee sale.
Currently amending and existing claim for wrongful foreclosure and other cause of actions.

Question; if my claim was successful, would any amount of damages awarded by offset by the $250,000 deficiency?
In my state, the Lender as 3 months after the trustee sale to file for deficiency.  Would it matter if I waited until the 3 months? 

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t

Quote:
I got a loan 6 years ago.
Filed chpter 7 which was discharged 2 years ago.
Lost my home at trustee sale 8 weeks ago.
Amount owed on the Note was $250,000 more than the amount received at trustee sale.
Currently amending and existing claim for wrongful foreclosure and other cause of actions.

Question; if my claim was successful, would any amount of damages awarded by offset by the $250,000 deficiency?
In my state, the Lender as 3 months after the trustee sale to file for deficiency. Would it matter if I waited until the 3 months?

 

I do not know the answer to your question, but I think your vocabulary is wrong.

 

Setoff is usually a right that exists under the UCC to recover through self-help.

 

You seem to be asking about the legal effects of a discharge in Bankruptcy (if in fact there was any such discharge of the debt).  You need to look to the wording of the order of discharge and research the Bankruptcy laws.

 

It is unclear to me whether a discharge of the indebtedness represented by the note has any effect on the indebtedness reflected by the security instrument.  It seems to me that the answer is also likely to be fact dependent in respect of details not available through your posts. 

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