First Interstate Bank v. Heritage Square, Ltd.

OPINION

FROST, Justice.

After trial to the bench1, judgment was entered in favor of plaintiff, First Interstate Bank of Lea County, on its complaint for foreclosure and money due against defendants Marczyk and Lombard on property leased to Heritage Square, Ltd., holder of a second mortgage on the subject property. Heritage appeals the judgment contending that a modification of the lease permitted it to offset an amount from each monthly payment to be applied to its debt, and that the court’s judgment prejudiced its right to collect amounts due under two promissory notes. We affirm in part and…