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FIRST NAT. BANK OF BELEN v. JIRON

No. 17043.

741 P.2d 1382 (1987)

106 N.M. 261

FIRST NATIONAL BANK OF BELEN, a National Banking Corporation, Plaintiff-Appellee, v. Esquipula JIRON and Richard Jiron, Defendants-Appellants.

Supreme Court of New Mexico.

September 4, 1987.

Attorney(s) appearing for the Case

Anthony F. Little, Bernalillo, for defendants-appellants.

Charles B. Sanchez, Belen, for plaintiff-appellee.

OPINION

SOSA, Senior Justice.

Plaintiff First National Bank of Belen (the Bank) filed a complaint against the defendants Richard and Esquipula Jiron (Jirons), husband and wife, seeking a judgment for $11,295.79 on a promissory note and foreclosure of collateral plus any deficiency judgment. The trial court granted a deficiency judgment in the amount of $8,612.77, plus interest, costs and attorney's fees. The Jirons appeal. We reverse and remand.

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