Legal Opinion
Finch v. Beneficial New Mexico, Inc.
New Mexico Supreme Court
Decided October 17, 1995No. 22425PublishedCited by 2 opinions
1Opinion of the Court
OPINION
FRANCHINI, Justice.
1. In this case, the United States District Court for the District of New Mexico certified a single question of law to this Court. That question is whether a mortgage granted by the seller of real property that is subject to a real estate contract attaches to the proceeds of that contract as a matter of law. We hold that a mortgage lien does not automatically attach to the proceeds of a separate real estate contract, but that under the circumstances of this case, it operated as a sufficient perfected security agreement.
2. Facts and proceedings in federal court. Cíete…
2Cases cited13 opinions
- Marks v. City of TucumcariNew Mexico Supreme Court · 1979
- Young v. ThomasNew Mexico Supreme Court · 1979
- Rivera v. KingNew Mexico Court of Appeals · 1988
- Kreiger v. HartigCourt of Appeals of Washington · 1974
- Benton v. Albuquerque National BankNew Mexico Court of Appeals · 1985
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3Cited by2 opinions
- AG New Mexico v. Borges (In re Borges)Bankruptcy Appellate Panel of the Tenth Circuit · 2014
- Wilmington Savings Fund Society, FSB v. NeillDistrict Court, D. New Mexico · 2020