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Bank of America, NA v. B.A. Mortgage, LLC

Court of Appeals of New Mexico
111 P.3d 226 (2005)


Facts

B.A. Mortgage, LLC (defendant) foreclosed on a mortgage and conducted a foreclosure sale that resulted in a surplus. Bank of America (junior mortgagee) (plaintiff) and the assignee (defendant) of the mortgagor’s right to redemption each filed a claim to the surplus. The junior mortgagee had intervened in the foreclosure proceedings and timely filed its claim to the lien. The junior mortgagee had not yet obtained a judgment on its lien. The trial court ruled in favor of the assignee, finding that with no judgment obtained on its lien, the junior mortgagee’s lien was eliminated by the foreclosure sale. The junior mortgagee appealed.

Rule of Law

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Issue

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Holding and Reasoning (Vigil, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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