Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,472 documents
Citations - New Mexico Appellate Reports
State ex rel. King v. B&B Inv. Grp., Inc. - cited by 60 documents
Decision Content
YOUR CREDIT, INC. V. MACGREGOR
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.
YOUR CREDIT, INC.,
Plaintiff-Appellee,
v.
KATHLEEN MACGREGOR,
Defendant-Appellant.
NO. 34,606
COURT OF APPEALS OF NEW MEXICO
September 3, 2015
APPEAL FROM THE DISTRICT COURT OF VALENCIA COUNTY, James
Lawrence Sanchez, District Judge
COUNSEL
Barnett Law Firm, Jennifer Rodriguez Rodgers, Albuquerque, NM, for Appellee
Kathleen S. MacGregor, Albuquerque, NM, Pro Se Appellant
JUDGES
MICHAEL E. VIGIL, Chief Judge. WE CONCUR: TIMOTHY L. GARCIA, Judge, J. MILES HANISEE, Judge
MEMORANDUM OPINION
VIGIL, Chief Judge.
{1} Appellant Kathleen MacGregor (Borrower) raises a number of issues relating to the central challenge that the district court erred in ruling that Appellee Your Credit, Inc. (Lender) is entitled to judgment in its favor based Borrower’s loan default. [RP 46] Our notice proposed to reverse; Borrower filed a memorandum in support, and Lender filed no response.
{2} For the reasons detailed in our notice, we reverse the judgment against Borrower, and remand to the district court with instructions that Lender, as restitution, be required to reimburse Borrower all the money she paid Lender minus the principal plus a 15 percent default interest rate. See B & B Investment Group, 2014-NMSC-024, ¶¶ 46-51, 329 P.3d 658 (requiring the defendants to refund all money collected by the defendants on their signature loans in excess of 15 percent of the loan principal as restitution for their unconscionable trade practices).
{3} IT IS SO ORDERED.
MICHAEL E. VIGIL, Chief Judge
WE CONCUR:
TIMOTHY L. GARCIA, Judge
J. MILES HANISEE, Judge