Legal Opinion
HSBC BANK USA v. Fenton
New Mexico Court of Appeals
Decided May 25, 2005No. 24,974PublishedCited by 5 opinions
1Opinion of the Court
OPINION
BUSTAMANTE, Chief Judge.
{1} This case decides how New Mexico will prioritize redemption attempts by more than one party after a mortgage foreclosure. The district court held that the assignee of the original owner had priority to redeem over the assignee of the redemption right of a hen creditor, even though the lien creditor was the first to file. We adopt the first in time, first in right rule, and reverse the district court.
BACKGROUND
{2} The basic facts in this case are undisputed. Lisa Fenton (Fenton) executed and delivered a note and mortgage to Option One Mortgage Corporation,…
2Cases cited11 opinions
- Sims v. SimsNew Mexico Supreme Court · 1996
- High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Supreme Court · 1998
- Regents of the University of New Mexico v. New Mexico Federation of TeachersNew Mexico Supreme Court · 1998
- State v. DavisNew Mexico Supreme Court · 2003
- Hale v. Basin Motor Co.New Mexico Supreme Court · 1990
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3Cited by5 opinions
- State v. GutierrezNew Mexico Court of Appeals · 2006
- John Williams v. United States Bankruptcy Court for the District of New MexicoBankruptcy Appellate Panel of the Tenth Circuit · 2018
- Bishop v. Evangelical Lutheran Good Samaritan SocietyNew Mexico Court of Appeals · 2008
- Bishop v. EVANGELICAL LUTHERAN SOC.New Mexico Court of Appeals · 2008
- Mortgage Electronic Registration System, Inc. v. MontoyaNew Mexico Court of Appeals · 2008