First National Bank v. Enriquez

OPINION

RIORDAN, Justice.

First National Bank in Albuquerque (FNB) brought an action to set aside a quitclaim deed from Jesus Enriquez (Enriquez), to Sally Gutierrez (Gutierrez). FNB claimed that when Enriquez quitclaimed property to Gutierrez, he did so to hinder FNB’s efforts to collect their judgment against Enriquez and to prevent a judgment lien from attaching to the property in violation of New Mexico Fraudulent Conveyance Act, § 56-10-4 N.M.S.A.1978. Gutierrez claimed that she was the lawful owner of the property and that Enriquez’ alleged interest is from a forged deed. The district…