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CHAPEL v. NEVITT

No. 27,127.

203 P.3d 889 (2009)

2009-NMCA-017

Mick CHAPEL and Jennifer Chapel, Plaintiffs/Judgment Creditors-Appellees, v. Norma NEVITT and Susan Nevitt, Defendants/Judgment Debtors, and David Derringer, Defendant/Judgment Debtor-Appellant.

Court of Appeals of New Mexico.

January 21, 2009.

Attorney(s) appearing for the Case

Comeau, Maldegen, Templeman & Indall, LLP, Joseph J. Manges, Santa Fe, NM, for Appellees.

Gallagher, Casados & Mann, P.C., Nathan H. Mann, Albuquerque, NM, for Appellant.

OPINION

FRY, Judge.

{1} This case arises from a debtor's desire to redeem his property following a foreclosure proceeding. In resolving the two issues raised on appeal by the debtor, Defendant David Derringer, we first conclude that in the absence of a debtor's compliance with the redemption statute, NMSA 1978, § 39-5-18 (2007), which requires the debtor to petition the district court and to deposit the sum of money required by statute...

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