1. Home
  2. Browse Decisions
  3. P.3d
  4. 43 P.3d
  5. 43 P.3d 1089 (2002)
 

STONEKING v. BANK OF AMERICA, N.A.

No. 22,172.

43 P.3d 1089 (2002)

132 N.M. 79

2002-NMCA-042

Richard J. STONEKING and Dierdre J. Stoneking, husband and wife, Plaintiffs-Appellants, v. BANK OF AMERICA, N.A., Defendant-Appellee.

Court of Appeals of New Mexico.

March 4, 2002.

Attorney(s) appearing for the Case

Stephen E. McIlwain, Stephen E. McIlwain, P.C., Albuquerque, NM, for Appellants.

William R. Keleher, Megan T. Muirhead, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Appellee.

OPINION

KENNEDY, Judge.

{1} Question: Does federal law preempt NMSA 1978, § 56-8-30 (1980), which prohibits banks from collecting prepayment penalties on home mortgages? Answer: Yes, when applied to federally-chartered thrift institutions and banks. Because this opinion interprets a statute important to New Mexico residential borrowers and banks, we issue it as a formal opinion.

FACTUAL AND PROCEDURAL BACKGROUND

{2} On April...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases