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MORTGAGE ELECTRONIC REGISTRATION v. MONTOYA

No. 27,465.

186 P.3d 256 (2008)

2008-NMCA-081

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Deutsche Bank Trust Company Americas, f/k/a Bankers Trust Company, as trustee; and Mortgage Electronic Registration Systems, Inc., as nominee for J.P. Morgan Chase Bank, as trustee, Plaintiffs, v. Urban T. MONTOYA, a/k/a Thomas Urban Montoya, Emily A. Montoya, The New Mexico State Highway and Transportation Department, and John Doe and Jane Doe (true names unknown), tenants, Defendants, and Virginia Zamora, as assignee of Urban T. Montoya and Emily A. Montoya, Petitioner-Appellee, and Indu Kaushal, Respondent-Appellant.

Court of Appeals of New Mexico.

May 7, 2008.

Attorney(s) appearing for the Case

E. Justin Pennington, Law Offices of E. Justin Pennington, Albuquerque, NM, for Appellee.

Sylvain Segal, Law Offices of Segal & Whittaker, LLP, Albuquerque, NM, for Appellant.

OPINION

SUTIN, Chief Judge.

{1} The question in this appeal is whether a junior mortgagee who forecloses its mortgage, along with foreclosure of the senior mortgage, and obtains a deficiency judgment has a right to redeem under the New Mexico redemption statute, NMSA 1978, § 39-5-18(A) (1987) (amended 2007), that was applicable at the time of the foreclosure and redemptions at issue in this appeal. For the reasons we explain in this opinion...

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