New Mexico Liens Law

United States of America v. Bruce Beckner

Albuquerque, New Mexico criminal defense lawyer represented defendant charged with conspiracy to commit bank fraud and wire fraud. Bruce Beckner, atge 59, was indicted on June 24, 2015, along with co-defendant Arthur Herlihy, 73, of Santa Fe, New Mexico. In 2007, Beckner recruited Herlihy to join him in developing a business plan and securing financing to renovate a truck stop in Deming, ... More...

$0 (04-08-2022 - NM)

United States of America v. Mark Hopkins

<center> <img width="300" src="http://www.nmd.uscourts.gov/sites/nmd/files/Albuquerque%20PVD.jpg"> </center> Dr. Mark Hopkins filed a motion under 28 U.S.C. § 2255 to vacate his 2010 conviction and sentence for tax evasion. Before his trial, the district court ordered him to make monthly payments into the court’s registry to ensure he was complying with federal tax ... More...

$0 (04-08-2019 - NM)

United States of America v. Frances Jo Mehner

Albuquerque, NM - Rio Rancho Woman Sentenced for Filing False Claim for Federal Tax Refund Frances Jo Mehner, 71, of Rio Rancho, N.M., was sentenced to a 207-day term of imprisonment, which she has already served, followed by a year of supervised release for filing a false claim for a federal tax refund. Given Mehner’s obstructive behavior towards the IRS, the federal judge als... More...

$0 (03-27-2017 - NM)

United States of America v. Joseph Dubois

Albuquerque, NM - Albuquerque-Area Construction Contractor Pleads Guilty to Federal Tax Evasion and Fraud Charges Joseph Dubois, 37, of Albuquerque, N.M., pled guilty to evading federal taxes evasion and fraudulently presenting a fictitious surety bond. Dubois, the owner and operator of Regency Development Group (RDG), a construction contractor located in Albuquerque, was charg... More...

$410520 (02-14-2017 - NM)

DARA HEM v.TOYOTA MOTOR CORP., et al.

In March 2007, Hem brought suit in a Texas federal court after he was 9 seriously injured in an accident. Hem was traveling through northern New Mexico 10 when his Toyota truck separated from the U-Haul trailer it was towing, causing the 11 truck to roll over several times. After treating Hem for his injuries, UNMH recorded 12 a hospital lien for Hem’s outstanding medical bills.... More...

$0 (07-30-2015 - NM)

La Vida Llena v. Karen L. Montoya

{1} Appellant Karen Montoya, Bernalillo County Assessor (the Assessor), appeals from the district court's order reversing the Bernalillo County Valuation Protest Board's (the Board) determination that Appellee La Vida Llena is not entitled to a charitable exemption from property tax. On appeal, we consider whether the property tax exemption for a continuing care facility that donates or renders gr... More...

$0 (02-19-2013 - 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)

United States v. City of Albuquerque, New Mexico

This is a foreclosure proceeding in which plaintiff, United States â€” 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 improvem... More...

$0 (08-09-1972 - 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 "Magnoliaâ€), 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 no... More...

$0 (08-18-2010 - NM)

Computer One, Inc. and Caroline C. Roberts v. Grisham & Lawless, P.A., thomas L. Grisham and Stephen F. Lawless

{1} A legal malpractice claim against a client's former attorneys was barred when the court ruled that, as a compulsory counterclaim, the allegations of legal malpractice had to be filed in response to an attorney charging lien previously filed by those same attorneys. Relying upon Bennett v. Kisluk, 112 N.M. 221, 814 P.2d 89 (1991), we conclude that the client's malpractice claim was not a c... More...

$0 (06-23-2008 - 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, Â§ 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... 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)

<a href="http://www.supremecourt.nm.org/opinions/VIEW/05ca-084.html" target="_new">Angel Fire Resort Operations, LLC v. James B. Corda, et al.</a>

{1} This case provides us with another opportunity to evaluate and interpret the bankruptcy-related documents of an entity emerging from bankruptcy. See Home & Land Owners, Inc. v. Angel Fire Resort Operations, L.L.C., 2003-NMCA-070, 133 N.M. 733, 69 P.3d 243 (hereinafter HALO) (involving the same entity and different portions of the same documents). The dispute here concerns whether Ang... More...

$0 (07-07-2005 - NM)

<a href="http://www.supremecourt.nm.org/opinions/VIEW/05ca-098.html" target="_new">Paul D. Mannick and Kathy P. Mannick v. Robin G. Wakeland</a>

{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)

<a href="http://www.supremecourt.nm.org/opinions/VIEW/05sc-022.html" target="_new">COPPLER & MANNICK, P.C., PAUL D. MANNICK and KATHY P. MANNICK, v. ROBIN G. WAKELAND</a>

{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)

<a href="http://www.nm.net/download/n/opinion/VIEW/02ca-080.html" target="_new">Quality Chiropractic, P.C. v. Farmers Insurance Company of Arizona</a>

{1} Plaintiff, a chiropractic clinic, provided treatment to a patient who suffered injuries in a car accident. The patient signed a document granting Plaintiff an "assignment and lien" in any proceeds that he received from claims arising out of the accident. The patient later reached a settlement agreement with the driver and Defendant, the driver's insurer, without providing for payment to Pl... More...

$0 (07-30-2002 - NM)

<a href="http://www.nm.net/download/n/opinion/VIEW/02ca-011.html" target="_new">Michael Gallegos v. Robert Espinoza, Sr., et al.</a>

{1} A general contractor on a public works project owes payments to its subcontractor who, in turn, owes money to various suppliers. The subcontractor also owes an unrelated debt on a judgment. The judgment creditor obtains a writ of garnishment against the general contractor demanding that, instead of paying the subcontractor, it pay the judgment creditor. We discuss the circumstances under w... More...

$0 (11-21-2001 - NM)