2015 US Code
Title 12 - Banks and Banking (Sections 1 - 5710)
Chapter 38A - Single Family Mortgage Foreclosure (Sections 3751 - 3768)
Sec. 3768 - Deficiency judgment

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 3, Title 12 - BANKS AND BANKING
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 12 - BANKS AND BANKING
CHAPTER 38A - SINGLE FAMILY MORTGAGE FORECLOSURE
Sec. 3768 - Deficiency judgment
Containssection 3768
Date2015
Laws In Effect As Of DateJanuary 3, 2016
Positive LawNo
Dispositionstandard
Source CreditPub. L. 103-327, title II, Sept. 28, 1994, 108 Stat. 2316.
Statutes at Large Reference108 Stat. 2316
Public and Private LawPublic Law 103-327
Congressional BillS.2281 103rd Congress

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12 U.S.C. § 3768 (2015)
§3768. Deficiency judgment(a) In general(1) Referral to Attorney General

If after deducting the payments provided for in section 3762 of this title, the price at which the security property is sold at a foreclosure sale is less than the unpaid balance of the debt secured by the security property, resulting in a deficiency, the Secretary may refer the matter to the Attorney General who may commence an action or actions against any or all debtors to recover the deficiency, unless such an action is specifically prohibited by the mortgage.

(2) Other recoveries

In any action instituted pursuant to this section the United States may recover—

(A) any amount authorized by section 3011 of title 28; and

(B) the costs of the action.

(b) Limitation

Any action commenced to recover a deficiency under this section must be brought not later than 6 years after the date of the last sale of the security property.

(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)

CODIFICATION

Section is based on section 819 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.

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