Los Quatros, Inc. v. State Farm Life Insurance
New Mexico Supreme Court
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
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