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BANK OF AMERICA, N.A. v. BA MORTGAGE, LLC

No. 24,133.

111 P.3d 226 (2005)

137 N.M. 368

2005-NMCA-037

BANK OF AMERICA, N.A., Cross-Plaintiff/Appellant, v. BA MORTGAGE, LLC (A Wholly Owned Subsidiary of Bank of America, N.A.), the Estate of Rita Sanchez, Deceased, Melanie Sanchez, Personal Representative of the Estate of Rita Sanchez, Deceased, the unknown Heirs, Devisees and Legatees of Rita K. Sanchez; Bank of America, N.A.; John Doe, Tenant Whose True Name is Unknown; Jane Doe, Tenant Whose True Name is Unknown, Cross-Defendants, and Albuquerque Home Loans, LLC, Real Party in Interest/Appellee.

Court of Appeals of New Mexico.

January 27, 2005.

Attorney(s) appearing for the Case

Elizabeth M. Dranttel, Little & Dranttel, P.C., Albuquerque, NM, for Appellant.

Sylvain Segal, Law Offices of Sylvain Segal, Albuquerque, NM, for Appellee.

OPINION

VIGIL, Judge.

{1} A fund was created when BA Mortgage, LLC foreclosed on its mortgage and the subsequent sale of the property resulted in a surplus of $28,467.43. This appeal requires us to determine whether a junior mortgagee or the debtor's assignee of her rights of redemption and surplus is entitled to the surplus. The district court ruled that the debtor's assignee was entitled to the surplus...

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