[DOWNLOAD] "Western Bank V. Fluid Assets Development Corp." by New Mexico Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Western Bank V. Fluid Assets Development Corp.
- Author : New Mexico Supreme Court
- Release Date : January 28, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
In this appeal we consider whether a mortgagee first lienholder can use the judicial system to enforce its rights in a foreclosure proceeding after deliberately failing to serve notice upon junior lienholders of record of its intention to hold the foreclosure sale, even though the junior lienholders were parties to a lawsuit brought by the mortgagee and were entitled to actual notice of the sale. We hold such deliberate abuse of judicial procedure constitutes inequitable behavior and the trial court abused its discretion by granting the first lienholder foreclosure against a secondary lienholder, whom it deliberately denied a chance to participate in the foreclosure sale.
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