Legal Opinion

Los Quatros, Inc. v. State Farm Life Insurance

New Mexico Supreme Court

Decided August 23, 1990No. 18443PublishedCited by 6 opinions

1Opinion of the Court

OPINION

MONTGOMERY, Justice.

The last sentence of NMSA 1978, Section 48-7-19(A) (Repl.Pamp.1987), enacted in 1983, provides: “There shall be no enforcement of a prepayment penalty in said mortgages.” The phrase “said mortgages” means, the parties to this appeal seem to agree, real property loans made or assumed between March 15, 1979 and October 15, 1982. The mortgage in this case represents such a loan, and it contains a prohibition on prepayment by the obligor. The questions on this appeal are whether the statute is properly construed to prevent enforcement of this prohibition and, if so,…

2Cases cited28 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
  3. Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
  4. Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
  5. Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978

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3Cited by6 opinions

  1. Pierce v. State Ex Rel. New Mexico Taxation & Revenue DepartmentNew Mexico Supreme Court · 1995
  2. Bank of America National Trust & Savings Ass'n v. ShirleyCourt of Appeals for the Eighth Circuit · 1996
  3. Prudential Insurance Co. of America v. Rand & Reed Powers PartnershipDistrict Court, N.D. Iowa · 1997
  4. State v. MorrisonNew Mexico Court of Appeals · 1999
  5. Bank Of America National Trust And Savings Association v. Bobby T. ShirleyCourt of Appeals for the Eighth Circuit · 1996

1 more not listed; retrieve them via the Exa API.

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