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WESTERN BANK v. FLUID ASSETS DEVELOPMENT

No. 17767.

806 P.2d 1048 (1991)

111 N.M. 458

WESTERN BANK, SANTA FE, Plaintiff-Appellee, v. FLUID ASSETS DEVELOPMENT CORPORATION, Defendant, v. PHC INDUSTRIAL SUPPLY CO., INC., Defendant-Appellant.

Supreme Court of New Mexico.

February 28, 1991.

Attorney(s) appearing for the Case

Thomas F. McKenna, Albuquerque, for defendant-appellant.

Sommer, Udall & Hardwick, P.A., Jack N. Hardwick, Santa Fe, for plaintiff-appellee.

OPINION

BACA, Justice.

On motion for rehearing, the opinion previously filed is hereby withdrawn and the opinion filed this date is substituted therefor.

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...

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