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eBook details

• Title: Cherpelis v. Cherpelis
• Author : New Mexico Court of Appeals
• Release Date : January 07, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Susan M. Conway, District Judge FACTUAL AND PROCEDURAL BACKGROUND {2} Barbara Jane and George Cherpelis were divorced in 1982. Pursuant to the divorce decree, George was obligated to pay spousal support to Barbara Jane until her remarriage or the death of either party. See Cherpelis v. Cherpelis, 1996-NMCA-037, 2, 121 N.M. 500, 914 P.2d 637. In early 1988 George married Carol, and later that year, they constructed a marital residence (the Hideaway Property). In 1991, upon George's motion, his spousal support obligation was reduced from $2000 to $650 a month. Id. 3. During 1992, George conveyed his interest in the Hideaway Property to Carol as her sole and separate property. In 1993, Barbara Jane recorded two notices on the Hideaway Property claiming liens to secure payment of George's future spousal support. In late 1994, Carol entered into a contract to sell the Hideaway Property to a third party. A title commitment was obtained, but final issuance of the policy was contingent on release of Barbara Jane's purported liens. {3} On December 20, 1994, Carol executed a written letter of engagement, hiring the Miller firm to represent her in obtaining a release of the liens. The engagement contemplated institution of an action, if required, to quiet title to the Hideaway Property and to obtain damages for slander of title if Barbara Jane refused to release the liens. In the engagement letter, Carol agreed to pay Miller on a time and expense basis, with payment to be made within two weeks after receipt of billing statements.

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