New Mexico Court of Appeals, 2015

Your Credit, Inc. v. Kathleen MacGregor

Your Credit, Inc. v. Kathleen MacGregor
New Mexico Court of Appeals · Decided September 3, 2015

Your Credit, Inc. v. Kathleen MacGregor

Opinion

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO YOUR CREDIT, INC., 3 Plaintiff-Appellee, v. NO. 34,606 KATHLEEN MACGREGOR, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF VALENCIA COUNTY James Lawrence Sanchez, District Judge Barnett Law Firm Jennifer Rodriguez Rodgers Albuquerque, NM for Appellee

13 Kathleen S. MacGregor Albuquerque, NM Pro Se Appellant 16 MEMORANDUM OPINION VIGIL, Chief Judge.

1 {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.

6 {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).

13 {3} IT IS SO ORDERED.

14 __________________________________ 15 MICHAEL E. VIGIL, Chief Judge WE CONCUR:

17 _________________________________ TIMOTHY L. GARCIA, Judge

1 _________________________________ J. MILES HANISEE, Judge

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