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KUNTSMAN v. GUARANTEED EQUITIES, INC.

No. 16166.

728 P.2d 459 (1986)

105 N.M. 49

John KUNTSMAN [Kuntsman] and Joan Kuntsman [Kuntsman], his wife, Claimants-Appellants, v. GUARANTEED EQUITIES, INC., a New Mexico corporation, Respondent-Appellee, v. Dr. Manuel FERRAN, Receiver-Appellee, and Robert Holzapfel, Claimant-Appellee.

Supreme Court of New Mexico.

November 5, 1986.

Attorney(s) appearing for the Case

George H. Perez, Bernalillo, for claimants-appellants.

Timothy J. Dreher, Albuquerque, for receiver-appellee.

Robert Holzapfel, Albuquerque, pro se.

OPINION

WALTERS, Justice.

The director of the Financial Institutions Division of the New Mexico Regulation and Licensing Department brought an action against Guaranteed Equities, Inc. (Equities), a mortgage broker, charging illegal and fraudulent activity. The court appointed a receiver and held a hearing on the receiver's motion to determine distribution of certain loan proceeds claimed by John and Joan Kuntsman [Kunstman] and by Robert Holzapfel. The trial...

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