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IN RE FINCH

No. 22425.

905 P.2d 198 (1995)

120 N.M. 658

In re Clete Norman FINCH and Mary Louise Finch, Debtors. Clete Norman FINCH and Mary Louise Finch, Plaintiffs and Counterdefendants, v. BENEFICIAL NEW MEXICO, INC., a Delaware corporation d/b/a Beneficial Mortgage Company, Defendant and Counterclaimant.

Supreme Court of New Mexico.

October 17, 1995.

Attorney(s) appearing for the Case

Robert L. Finch, Jr., Farmington, for Plaintiffs.

R. Thomas Dailey, P.C., R. Thomas Dailey, Farmington, for Defendant.

OPINION

FRANCHINI, Justice.

1. In this case, the United States District Court for the District of New Mexico certified a single question of law to this Court. That question is whether a mortgage granted by the seller of real property that is subject to a real estate contract attaches to the proceeds of that contract as a matter of law. We hold that a mortgage lien does not automatically attach to the proceeds of a separate real estate contract, but that...

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