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STATE EX REL. BARDACKE v. N.M. FED. SAV. & LOAN

No. 14937.

699 P.2d 604 (1985)

102 N.M. 673

STATE of New Mexico, ex rel. Paul BARDACKE, Attorney General, Plaintiff-Appellee, v. NEW MEXICO FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendant-Appellant.

Supreme Court of New Mexico.

May 2, 1985.

Attorney(s) appearing for the Case

Mitchell, Alley & Rubin, John A. Mitchell, Santa Fe, for defendant-appellant.

Paul Bardacke, Atty. Gen., Michael Dickman, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

STOWERS, Justice.

The State, through the Attorney General, sought declaratory and injunctive relief to prevent enforcement of due-on-sale clauses in mortgages held by the New Mexico Federal Savings and Loan Association (N.M. Federal) and assumed by subsequent purchasers of the mortgaged property, and for restitution of money collected pursuant to such clauses. The district court granted partial summary judgment in favor of the State. N.M. Federal...

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