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Summaries of Recent New Mexico Appellate Opinions - Civil Cases

Do not rely on these summaries for either accuracy or completeness, but rather for prompt notice of newly decided cases. A lawyer at the Court of Appeals prepares the summaries for her purposes and graciously allows their use here. The Judicial Education Center does not edit the summaries.

Note that if the Supreme Court reverses the Court of Appeals, the summary of the Supreme Court opinion will repeat the prior Court of Appeals summary and indicate the higher court’s action.

Full Opinions - Hard Copy
If a case interests you, you can get a hard copy of the full opinion from the appropriate Clerk of the court. The policy of the Clerks of both courts is to provide copies of opinions free of charge to members of the judiciary. Others may go to the respective court clerk’s office and borrow an opinion for a few minutes to copy it.

Civil Cases: May 2008 (most recent cases listed first)

Mortgage Electronic Registration Systems, Inc. v. Montoya, CA 27,465 (Sutin) May 7, 2008
Under the former redemption statute, a junior mortgagee that foreclosed its mortgage in a proceedings in which a senior mortgage was also foreclosed is entitled to redeem and because its assignee exercised its right prior to the debtor’s assignee, its assignee was entitled to the property.



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