Legal Opinion

Western Savings & Loan Ass'n v. CFS Portales Ethanol I, Ltd.

New Mexico Supreme Court

Decided May 12, 1988No. 17300PublishedCited by 9 opinions

1Opinion of the Court

OPINION

WALTERS, Justice.

Are twenty-five year leaseholds and the buildings constructed thereon, both of which served as security for construction loans to build those structures, within the meaning of “real estate” and thus subject to redemption after a foreclosure sale? That is the issue certified to us by Judge John E. Conway of the United States District Court for the District of New Mexico. Our opinion is confined strictly to the question certified.

Western Savings and Loan Association filed an action for judgment against CFS Portales Ethanol I on two promissory notes, and for foreclosure…

2Cases cited4 opinions

  1. State Ex Rel. Truitt v. District Court of Ninth Judicial Dist.New Mexico Supreme Court · 1939
  2. American Mortgage Co. v. WhiteNew Mexico Supreme Court · 1930
  3. Garrison General Tire Service, Inc. v. MontgomeryNew Mexico Supreme Court · 1965
  4. Ellison v. EllisonNew Mexico Supreme Court · 1944

3Cited by9 opinions

  1. Sims v. SimsNew Mexico Supreme Court · 1996
  2. Schlieter v. CarlosNew Mexico Supreme Court · 1989
  3. Resolution Trust Corp. v. BinfordNew Mexico Supreme Court · 1992
  4. Mayfield Smithson Enterprises v. Com-Quip, Inc.New Mexico Supreme Court · 1995
  5. Lucero v. Green Tree Financial Servicing Corp. (In Re Lucero)Bankruptcy Appellate Panel of the Tenth Circuit · 1996

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