Legal Opinion
Mortgage Electronic Registration System, Inc. v. Montoya
New Mexico Court of Appeals
Decided May 7, 2008No. 27,465PublishedCited by 1 opinion
1Opinion of the Court
OPINION
SUTIN, Chief Judge.
{1} The question in this appeal is whether a junior mortgagee who forecloses its mortgage, along with foreclosure of the senior mortgage, and obtains a deficiency judgment has a right to redeem under the New Mexico redemption statute, NMSA 1978, § 39-5-18(A) (1987) (amended 2007), that was applicable at the time of the foreclosure and redemptions at issue in this appeal. For the reasons we explain in this opinion, we reverse.
BACKGROUND
{2} Mortgage Electronic Registration Systems, Inc. (MERS), acting separately for two different banks, one holding a senior mortgage…
2Cases cited17 opinions
- State v. JADE G.New Mexico Supreme Court · 2007
- State v. PadillaNew Mexico Supreme Court · 2008
- Springer Corp. v. Kirkeby-NatusNew Mexico Supreme Court · 1969
- Brown v. TrujilloNew Mexico Court of Appeals · 2004
- Harper v. SalleeIllinois Supreme Court · 1940
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3Cited by1 opinion
- John Williams v. United States Bankruptcy Court for the District of New MexicoBankruptcy Appellate Panel of the Tenth Circuit · 2018