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FLEET MORTG. CORP. v. SCHUSTER

No. 19273.

811 P.2d 81 (1991)

112 N.M. 48

FLEET MORTGAGE CORP., Plaintiff-Appellee, v. Pamela C. SCHUSTER, Defendant-appellant, and Ronald A. Schuster, Defendant.

Supreme Court of New Mexico.

May 6, 1991.

Attorney(s) appearing for the Case

Kastler & Kamm, Terrence R. Kamm, and John William Clever, Raton, for defendant-appellant.

Erwin & Davidson and John P. Davidson, Raton, for plaintiff-appellee.

OPINION

FRANCHINI, Justice.

Fleet Mortgage Corporation (Fleet) filed a complaint for foreclosure on November 14, 1988, based upon a note and mortgage given by defendants Ronald and Pamela Schuster to International State Bank that was subsequently assigned to Fleet. Both Schusters counterclaimed against Fleet, alleging that Fleet had agreed to accept a deed in lieu of foreclosure, that Ronald had delivered said deed, and that the actions of the parties constituted...

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