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ROMERO v. BANK OF THE SOUTHWEST

No. 22,635.

83 P.3d 288 (2003)

135 N.M. 1

2003-NMCA-124

Toby ROMERO, Plaintiff-Appellee, v. The BANK OF THE SOUTHWEST, a State Chartered Financial Institution, Defendant-Appellant.

Court of Appeals of New Mexico.

August 20, 2003.

Attorney(s) appearing for the Case

Gordon H. Rowe, III, The Rowe Law Firm, P.C., Albuquerque, NM, for Appellee.

Jane Bloom Yohalem, Santa Fe, NM, for Appellant.

OPINION

BUSTAMANTE, Judge.

{1} Defendant Bank of the Southwest (the Bank) appeals from a judgment in favor of Plaintiff Toby Romero (Toby) in the amount of $53,662.51. The district court decided that the Bank compelled Toby, by duress, to allow it to divert the proceeds of a land sale from payment of a mortgage note owed by Toby and his cousin Kenneth Romero (Kenny), as co-obligors, to debts owed the Bank by Westar Metals, Inc. (Westar). Westar was...

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