1. Home
  2. Browse Decisions
  3. P.3d
  4. 125 P.3d
  5. 125 P.3d 644 (2005)
 

HSBC BANK USA v. FENTON

No. 24,974.

125 P.3d 644 (2005)

138 N.M. 665

2005-NMCA-138

HSBC BANK USA as Trustee, Plaintiff, v. Lisa L. FENTON, a/k/a Lisa Lynn Fenton; Mark Fenton; John Doe and Jane Doe, True Names Unknown Tenants, Defendants. Clarke Cagle, by substitution in place and instead of Daniel E. Hudson, Petitioner-Appellant, Vista de la Cumbre, Petitioner-Appellee.

Court of Appeals of New Mexico.

May 25, 2005.

Attorney(s) appearing for the Case

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

John E. Farrow, Fairfield, Farrow & Strotz, P.C., Albuquerque, NM, for Appellee.

OPINION

BUSTAMANTE, Chief Judge.

{1} This case decides how New Mexico will prioritize redemption attempts by more than one party after a mortgage foreclosure. The district court held that the assignee of the original owner had priority to redeem over the assignee of the redemption right of a lien creditor, even though the lien creditor was the first to file. We adopt the first in time, first in right rule, and reverse the district court.

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