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New Mexico Mortgage Law
 
United States of America v. Billy R. Melot

After a jury trial, appellant Bill Melot was convicted of one count of corruptly endeavoring to impede the administration of the Internal Revenue Code, one count of attempting to evade or defeat tax, six counts of willful failure to file, and seven counts of making false statements to the Department of Agriculture.

Melot was sentenced to a term of sixty months’ imprisonment, a significant... More...
   $0 (10-21-2013 - NM)

Kenneth Z. Slater v. A.G. Edwards & Sons, Inc.

Thornburg Mortgage, Inc. was an originator and purchaser of home loans and one of the many casualties of the 2007-2009 financial crisis. Cut off from its usual sources of financing, Thornburg attempted to raise new capital through a series of stock offerings in 2007 and early 2008. But as the mortgage market continued to sour, Thornburg’s problems mounted and the value of its stock declined. Inv... More...   $0 (07-09-2013 - NM)

Edwin Smith, LLC v. Synergy Operating, LLC

{1} “There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property.” 2 William Blackstone, Commentaries on the Laws of England 2 (Univ. of Chicago Press ed. 1979) (1766). The property that has captured the affections of the litigants in this case is a parcel of land located in San Juan County with productive oil and gas wells there... More...   $0 (08-24-2012 - NM)

Rick Standridge v. CitiCorp Mortgage, Inc.

Rick Standridge and Ivy Standridge sued CitiCorp Mortgage, Inc. on a Fair Credit Reporting Act violation theory.... More...   $0 (01-18-2012 - NM)

City of Rio Rancho v. SMREP Southwest, Inc.

{1} In 1985, at the behest of the City of Rio Rancho, Amrep Southwest Inc. recorded a plat for the Vista Hills West Unit 1 (VHWU1) subdivision, granting the City a drainage easement over ten acres identified as Parcel F. In 2004, Amrep sold Parcel F to the Mares group in fee simple, subject to the drainage easement. Mares in turn sold it to Cloudview Estates in fee simple, subject to the same reco... More...   $0 (08-22-2011 - NM)

Village of Wagon Mound v. Mora Trust

{1} For a period of at least sixty-five years the Santa Clara Spring (the Spring) has been the sole source of water for the Village of Wagon Mound (the Village), the Mora Trust (the Trust) properties, and the lands owned by Earl and Glenda Berlier and their Wagon Mound Ranch, L.L.C. (the Berliers). A dispute arose between the Village, the Trust, and the Berliers as to the ownership and use of, as ... More...   $0 (12-18-2002 - NM)

Jhette Diamond v. Adrienne Diamond

{1} The central question presented by this case is whether a court may award child support to a minor child who has been emancipated pursuant to the Emancipation of Minors Act (EMA), NMSA 1978, §§ 32A-21-1 to -7 (1995), for the period after emancipation and continuing until the emancipated minor reaches the age of eighteen. This case is consolidated from two district court cases. In the first ca... More...   $0 (12-20-2010 - NM)

United States v. City of Albuquerque, New Mexico

This is a foreclosure proceeding in which plaintiff, United States — Small Business Administration, seeks to realize on the security for its loan. The interests of the borrowers are not here involved. The contest is between the Small Business Administration and the City of Albuquerque. The City has asserted its claim against the property based on charges for sewer, water and street improvements ... More...   $0 (08-09-1972 - NM)

Hean-Georges Schwartz v. iFreedom Direct Corporation

Jean-Georges Schwartz appeals the district court’s grant of summary judgment for the Appellees on his claims of fraud in the inducement, negligent misrepresentation, unjust enrichment and rescission. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

Schwartz, a resident of France, is a businessman who owns 90% of the company Four Js Development. Brent Hansen and Kevin G... More...
   $0 (10-29-2010 - NM)

Mountain Highlands, L.L.C. v. David B. Hendricks

In this case we must consider whether the district court erred when it granted summary judgment in favor of the Appellees, David Hendricks and Magnolia Mountain (collectively “Magnolia”), dismissing all of the claims Appellant, Mountain Highlands, brought against them. Because Mountain Highlands failed to present sufficient evidence in support of its claims, we hold the district court did not ... More...   $0 (08-18-2010 - NM)

Bill J. Papatheofanis v. Katherine Allen

{1} Defendant Katherine Allen appeals from a jury verdict finding her liable for fraud, breach of fiduciary duty, malicious abuse of process, and defamation. Based on these findings of liability, the jury awarded Plaintiff Bill Papatheofanis, Katherine’s ex-husband, $257,500 in compensatory and punitive damages. On appeal, Katherine argues that there was insufficient evidence to support the elem... More...   $0 (03-16-2010 - NM)

Cynthia and Perfecto Provencio v. Steven L. Wenrich, D.O.

{1} Plaintiffs Cynthia and Perfecto Provencio appeal the district court’s dismissal of their negligence case against Defendant Steven Wenrich, D.O. Plaintiffs filed suit against Defendant seeking damages for the costs of raising their child conceived after an unsuccessful sterilization procedure performed by Defendant. After the close of Plaintiffs’ case at a jury trial, Defendant moved for ju... More...   $0 (07-09-2010 - NM)

Phillis Ideal v. Burlington Resources Oil & Gas Company, L.P.

{1} Plaintiffs-Respondents (Plaintiffs) are royalty owners who brought a class action lawsuit claiming that Defendant-Petitioner (Burlington) has underpaid royalties by improperly deducting the costs and expenses associated with placing natural gas in a marketable condition. The district court certified a class under Rule 1-023(B)(2) and (B)(3) NMRA, finding that “[t]he common pre-tailgate deduc... More...   $0 (04-27-2010 - NM)

Warren and Betty Beaver v. Michael and karen Brumlow

{1} This case is about a verbal agreement made by Warren and Betty Beaver (Sellers) to sell land for a home site to Michael and Karen Brumlow (Buyers). Sellers reneged on the agreement after Mr. Brumlow left Sellers’ employment and started working for a competitor. The trial court ordered specific performance of the oral agreement, and Sellers appeal. Sellers acknowledge that the evidence was su... More...   $0 (03-04-2010 - NM)

Robert Gomez v. Cary Chavarria

{1} Plaintiff Robert Gomez appeals from two judgments dismissing his claims with prejudice in two separate actions against Defendant Gary Chavarria. The district court in each action determined that Plaintiff’s claims were barred by the applicable statute of limitations, NMSA 1978, § 37-1-8 (1976), and that the one-year extension granted to minors in NMSA 1978, Section 37-1-10 (1975) did n... More...   $0 (03-24-2009 - NM)

Doxanne Martinez, et al. v. Jose Cornejo, et al.

{1} In this case, we resolve two questions that require us to interpret the Trade Practices and Frauds Act (the TPFA) of the Insurance Code, NMSA 1978, § 59A-16-1 to -30 (1984, as amended through 2007). First, we consider whether a manager of a group of insurance adjusters can be held personally liable for violations of the TPFA. We hold that such an employee is subject to the private right ... More...   $0 (11-14-2008 - NM)

Robert Gomez v. Gary Chavarria

{1} Plaintiff Robert Gomez appeals from two judgments dismissing his claims with prejudice in two separate actions against Defendant Gary Chavarria. The district court in each action determined that Plaintiff’s claims were barred by the applicable statute of limitations, NMSA 1978, § 37-1-8 (1976), and that the one-year extension granted to minors in NMSA 1978, Section 37-1-10 (1975) did n... More...   $0 (03-24-2009 - NM)

Suzanne Guest and The Guest Law Firm, P.C. v. Allstate Insurance Company

{1} Defendant Allstate Insurance Company (Allstate) appeals, challenging the jury award of compensatory damages and punitive damages to Plaintiffs Suzanne Guest and the Guest Law Firm, P.C. (Guest). Guest cross-appeals, challenging the trial court action in reducing the punitive damages award and refusing to award attorney fees. We affirm in part, reverse in part, and remand for a new trial o... More...   $0 (02-17-2009 - NM)

Jamie Durham and Travis Durham v. Suzanne Guest

{1} Plaintiffs Jamie Durham (Jamie) and Travis Durham (Travis) (together, the Durhams) sued Suzanne Guest (Guest) for malicious abuse of process, alleging that she issued subpoenas for an illegitimate purpose in an arbitration proceeding. Guest contends that the Durhams failed to state a malicious abuse of process claim under DeVaney v. Thriftway Marketing Corp., 1998-NMSC-001, 124 N.M. 512, ... More...   $0 (02-20-2009 - NM)

Moongate Water Company, Inc. v. Dona Ana Mutual Domestic Water Consumers Association

{1} In this case, we consider whether an association that is organized under the Sanitary Projects Act (SPA), NMSA 1978, §§ 3-29-1 to -21 (1965, as amended through 2006), is immune from suit for damages, pursuant to the New Mexico Antitrust Act (NMAA), NMSA 1978, §§ 57-1-1 to -17 (1891, as amended through 1987). We conclude that an SPA association is a special function governmental unit, ... More...   $0 (09-04-2008 - NM)

Suzanne Guest and The Guest Law Firm, P.C. v. David Berardinelli and Cheryl McLean

{1} Plaintiffs, Suzanne Guest and the Guest Law Firm (Guest), appeal the district court’s grant of summary judgment in favor of Defendants, David Berardinelli (Berardinelli) and Cheryl McLean (McLean) (collectively referred to as Defendants), on three claims: (1) malicious abuse of process, (2) interference with existing and prospective contractual relations, and (3) prima facie tort. Guest... More...   $0 (02-29-2008 - NM)

Melvin Dummar v. William Rice Lummis; Frank W. Gay, II and robert C. Gay, as personal represenative of Frank William Gay, deceased.

This case, like several before it (as well as a few books and an Academy Award winning film),1 concerns the estate of the late billionaire Howard Hughes. Plaintiff Melvin Dummar has long maintained that he is entitled to a portion of the Hughes fortune, having been named an heir in a handwritten document (the Holographic Will) purporting to be Hughes’s will. A Nevada jury found the Holographic W... More...   $0 (09-17-2008 - NM)

Mortgage Electronic Registration Systems, Inc., et al. v. Urban T. Montoya, a/k/a Thomas Urban Montoya, et al.

{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 e... More...   $0 (05-07-2008 - NM)

J.R. Hale Contracting, Co., Inc. v. Union Pacific Railroad

{1} Subcontractor J.R. Hale Contracting Co., Inc. (Hale) sued to enforce a lien claim for labor and materials against owner Union Pacific Railroad (Union Pacific), claiming breach of contract against general contractor K.B. Alexander Co. of Texas, Inc. (Alexander), and also claiming a right to recover in quantum meruit against Union Pacific and Alexander (Defendants). The dispute centered on ... More...   $0 (09-12-2007 - NM)

Dona Ana Mutual Domestic Water Consumers Association v. The City of Las Cruces, New Mexico

Dońa Ana Mutual Domestic Water Consumers Association ("Dońa Ana") - the appellant in Case No. 06-2347 - previously entered into a settlement agreement (the "Settlement") with City of Las Cruces, New Mexico (the "City") - the appellant in Case No. 06-2266 and an appellee in Case No. 06-2347. In the Settlement, the City agreed to recognize Dońa Ana's exclusive rights, under 7 U.S.C. § 1926(b), ... More...   $0 (02-20-2008 - NM)

Lorenne Rebecca Rivera-Platte v. First Colony Life Insurance Company

{1} This appeal stems from the entry of an order approving a settlement reached between the Class and First Colony Life Insurance Company. Seven unnamed class members appealed. This Court consolidated the appeals to resolve in a single opinion all the issues advanced. As a preliminary matter, we address the right of unnamed class members in an opt-out class action to appeal the approval ... More...   $0 (11-30-2007 - NM)

Fleetwood Retail Corporation of New Mexico, etc. v. Alisa Ledoux

{1} In DeVaney v. Thriftway Marketing Corporation, 1998-NMSC-001, 124 N.M. 512, 953 P.2d 277, we merged the torts of abuse of process and malicious prosecution to create the new tort of malicious abuse of process and allowed defendants to assert malicious abuse of process claims as counterclaims in the underlying proceedings. In the matter before us, Defendant Alisa LeDoux ("LeDoux") broug... More...   $0 (08-10-2007 - NM)

James Drain and Rachel Drain v. Accredited Home Lenders, Inc., et al.

James and Rachel Drain, through their attorney Mike Bello, brought suit against Wells Fargo Bank, Minnesota, N.A. as trustee for ITLA Mortgage Loan Securitization 2002-1, LLC ("Wells Fargo"), Accredited Home Lenders, Inc., Fairbanks Capital Corp. ("Fairbanks"), and Basmajian T. Doyle,(1) alleging violations of several state and federal consumer protection laws. After Bello engaged in numerous i... More...   $0 (03-16-2007 - NM)

Mark Rendleman v. Donna Heinley

{1} Plaintiff Mark Rendleman and Defendant Donna Heinley own separate properties having a common boundary. Plaintiff's property is north and Defendant's property is south of that common boundary. Plaintiff claims that Defendant trespassed across the common boundary and onto Plaintiff's property. He asserts that the district court erred in holding that Plaintiff failed to prove trespass. <... More...   $0 (01-25-2007 - NM)

Roddie Chavarria and Norma Castaneda v. Fleetwood Retail Corporation of New Mexico

{1} In this case, it is undisputed that employees of Fleetwood Mobile Homes committed fraud during the sale of a mobile home to Roddie Chavarria and Norma Castaneda (Plaintiffs). It is also undisputed on appeal that Fleetwood failed to deliver the customized mobile home it promised and set up the home it did deliver in an unworkmanlike manner. The district court judge, sitting without a ju... More...   $17900 (09-06-2006 - NM)

Doris Street and Michael Street v. Alpha Construction Services

{1} In this case we discuss a variant of co-employee immunity from common law suits under the Workers' Compensation Act, NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2005) (the Act). Specifically, we address whether a contractor that is the direct employer of special employees is immune under the Act from common law suits brought by other special employees working for the same spe... More...   $0 (09-21-2006 - NM)

U.S. Express, Inc., et al. v. State of New Mexico, New Mexico Taxation and Revenue Department, et al.

{1} Appellants' motion for rehearing is denied. The opinion filed in this case on March 23, 2005, is withdrawn and this opinion is substituted in its place.

{2} Plaintiffs appeal an order from the district court denying class certification. Plaintiffs argue that the district court erroneously concluded that the proposed plaintiff class could only include taxpayers who had ex... More...   $0 (05-17-2005 - NM)

Paul D. Mannick and Kathy P. Mannick v. Robin G. Wakeland

{1} This appeal involves two related cases: a foreclosure case, in which Paul and Kathy Mannick (the Mannicks) foreclosed on a judgment lien against Robin Wakeland's (Wakeland) property, and a waste case, in which the Mannicks and their successor in interest, Coppler & Mannick, P.C., sought to recover damages from Wakeland for actions she took to devalue the property that was the subject... More...   $0 (08-24-2004 - NM)

Kim Talbott and Bonnie Talbott, as Personal Representative of the Estate of Damon K. Talbott v. Roswell Hospital Corporation d/b/a Eastern New Mexico Medical Center

{1} Roswell Hospital Corporation (the Hospital) appeals from a judgment in favor of Kim and Bonnie Talbott (Plaintiffs), as co-personal representatives of the estate of Damon K. Talbott (Decedent). The Hospital raises six issues on appeal. We reverse and remand on grounds that a significant question of fact was improperly decided by the district court, rather than the jury. We also addre... More...   $0 (08-11-2005 - NM)

Garrett R. Quintana, Sr. v. First National Bank of Santa Fe

Plaintiff Garrett R. Quintana, Sr., (Quintana Sr.) filed this action against defendant First National Bank of Santa Fe (First National), claiming First National violated the anti-tying provisions of the Bank Holding Company Act (BHCA), 12 U.S.C. § 1972, by requiring, as a condition of loaning him approximately $1.7 million in September 1989, that Quintana Sr. pay off a defaulted $211,500 loan F... More...   $0 (10-06-1997 - NM)

COPPLER & MANNICK, P.C., PAUL D. MANNICK and KATHY P. MANNICK, v. ROBIN G. WAKELAND

{1} The Court of Appeals consolidated two related actions, the first involving foreclosure on a judgment lien and the second involving voluntary waste of the foreclosed property. The district court had ruled in the waste proceeding that Defendant Robin G. Wakeland was equitably estopped from asserting her statutory homestead exemption in the foreclosure proceeding. The Court of Appeals a... More...   $0 (06-05-2005 - NM)

HOLLY DIETZ ALGERMISSEN, et al. v. JONATHAN B. SUTIN, et al.

{1}Plaintiffs appeal from a district court order, following a bench trial, which dismissed with prejudice their claims to a public easement by prescription. The district court determined that Plaintiffs failed to prove the elements of a prescriptive easement by clear and convincing evidence. Plaintiffs appealed initially to the Court of Appeals, which in turn certified the matter to this Court.... More...   $0 (04-14-2003 - NM)

WESTSTAR MORTGAGE CORPORATION v. KEN JACKSON

{1} Plaintiff Weststar Mortgage Corporation (Weststar) appeals from a jury verdict granting compensatory and punitive damages to Defendant Ken Jackson (Jackson). Weststar, seeking to recover money from Jackson that belonged to Weststar, had filed an action against Jackson for unjust enrichment, fraud, constructive fraud, conversion, and promissory estoppel. In response, Jackson filed a c... More...   $0 (12-23-2002 - NM)

Holly Dieytz Algermissen, et al. v. Jonathan B. Sutin, et al.

Plaintiffs appeal from a district court order, following a bench trial, which dismissed with prejudice their claims to a public easement by prescription. The district court determined that Plaintiffs failed to prove the elements of a prescriptive easement by clear and convincing evidence. Plaintiffs appealed initially to the Court of Appeals, which in turn certified the matter to this Court. See N... More...   $0 (12-12-2002 - NM)

Weststar Mortgage Corporation v. Ken Jackson

Plaintiff Weststar Mortgage Corporation (Weststar) appeals from a jury verdict granting compensatory and punitive damages to Defendant Ken Jackson (Jackson). Weststar, seeking to recover money from Jackson that belonged to Weststar, had filed an action against Jackson for unjust enrichment, fraud, constructive fraud, conversion, and promissory estoppel. In response, Jackson filed a counterclaim al... More...   $0 (12-23-2002 - NM)

 
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