{
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  "name": "FIRST NATIONAL BANK IN ALBUQUERQUE, Plaintiff-Appellee, v. Jesus M. ENRIQUEZ, aka Jesus Enriquez, Plaza Del Sol National Bank and Valle State Bank, Defendants-Appellees, v. Sally GUTIERREZ, Defendant-Appellant",
  "name_abbreviation": "First National Bank v. Enriquez",
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    "judges": [
      "SOSA, Senior Justice and FEDERICI, J., concur."
    ],
    "parties": [
      "FIRST NATIONAL BANK IN ALBUQUERQUE, Plaintiff-Appellee, v. Jesus M. ENRIQUEZ, aka Jesus Enriquez, Plaza Del Sol National Bank and Valle State Bank, Defendants-Appellees, v. Sally GUTIERREZ, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\nRIORDAN, Justice.\nFirst National Bank in Albuquerque (FNB) brought an action to set aside a quitclaim deed from Jesus Enriquez (Enriquez), to Sally Gutierrez (Gutierrez). FNB claimed that when Enriquez quitclaimed property to Gutierrez, he did so to hinder FNB\u2019s efforts to collect their judgment against Enriquez and to prevent a judgment lien from attaching to the property in violation of New Mexico Fraudulent Conveyance Act, \u00a7 56-10-4 N.M.S.A.1978. Gutierrez claimed that she was the lawful owner of the property and that Enriquez\u2019 alleged interest is from a forged deed. The district court found that the deed conveying the property to Enriquez was forged. But, the court also found that by permitting Enriquez to control her property, Gutierrez allowed FNB to rely on the alleged ownership of the real estate and is therefore estopped from asserting her interest. We reverse.\nThe issues on appeal are:\n(1) Whether a forged deed transfers an interest in property; and\n(2) Whether Gutierrez is estopped from asserting ownership because she allowed Enriquez to exercise control over her property.\nIn 1965, Gutierrez and her husband Carlos bought a house. At the time, they were minors so Richard and Lydia Gutierrez, brother and sister-in-law of Carlos, took legal title to the property but held title as constructive trustees for Sally and Carlos Gutierrez. Sally and Carlos Gutierrez were at all times the equitable owners of the property. A divorce in 1975 awarded the property to Sally Gutierrez who remained in possession. Also in 1975, a forged deed was executed transferring ownership of the property from Richard and Lydia Gutierrez to the defendant Jesus Enriquez, Sally Gutierrez\u2019 brother.\nEnriquez had previously been involved in a \u201ccheck-kiting\u201d scheme in which he had obtained money from FNB. A judgment was entered against Enriquez in favor of FNB for recovery of the money. Before FNB could attach a judgment lien to the property in which Enriquez was owner of record, Enriquez quitclaimed the property to Sally Gutierrez. The district court set aside the quitclaim deed and allowed recovery to FNB on an estoppel theory even though it found that the deed from Richard and Lydia Gutierrez to Enriquez was forged.\nI. Forged Deed.\nThe trial court concluded in its findings of fact and conclusions of law that the deed from Richard and Lydia Gutierrez to Enriquez was forged and therefore conveyed no interest. Sally Gutierrez alleges in this appeal that since legal title was never in Enriquez\u2019 name, Enriquez had no interest. FNB, realizing that no interest could be conveyed by the forged deed, claims that the court\u2019s finding that the deed was forged was not supported by substantial evidence. After reviewing the record we find that there was substantial evidence to support the trial court\u2019s findings and conclusions concerning the issue of whether the deed was forged.\nIt is well settled in New Mexico that the appellate court will not substitute its judgment for that of the trial court in weighing the evidence. (Citation omitted.) If the trial court\u2019s findings are supported by substantial evidence, they must be affirmed. Substantial evidence means such relevant evidence as a reasonable mind might find adequate to support a conclusion. (Citation omitted.)\nFirst National Bank of Santa Fe v. Wood, 86 N.M. 165, 167, 521 P.2d 127, 129 (1974), (quoting Tome Land & Improvement Co. v. Silva, 83 N.M. 549, 552, 494 P.2d 962, 965 (1972)).\nIt is also a well settled principle of law that a forged deed is a void deed and transfers no interest. Williams v. Warren, 214 Ark. 506, 216 S.W.2d 879, (1949); Shurger v. Demmel, 148 Cal.App.2d 307, 306 P.2d 497 (1957); Leidel v. Ballbach, 345 Mich. 201, 75 N.W.2d 860 (1956); Whitney v. Whitney, 114 Or. 102, 235 P. 293 (1925); 7 G. W. Thompson, Commentaries on the Modern Law of Real Poperty, \u00a7 3233 (repl. 1962), See Lotspeich v. Dean, 53 N.M. 488, 211 P.2d 979 (1949). Therefore, Enriquez\u2019 forged deed gave him no interest in the property.\nII. Estoppel.\nPrior to the preparation of the alleged forged deed, Sally Gutierrez had delivered to Enriquez title documents relating to the property. He was to prepare documents for transfer of the property from Richard and Lydia Gutierrez to Sally Gutierrez. Instead, Enriquez forged a deed from Richard and Lydia Gutierrez to himself. He then assessed the property in his name, and used the property as security on two different bank loans over a period of three years. During this period of time, Sally Gutierrez never investigated whether the property had been transferred to her. FNB argues that by her conduct, Sally Gutierrez acquiesced and condoned the purported ownership by her brother and is therefore estopped from raising the effect of the forged deed. If FNB is to recover, it must be on an estoppel theory.\nIf a deed has been forged, it is ineffective, ab initio, and there is no ground for implications, supplementary consent, waiver or estoppel, in order to give it operative force. . . .\n7 G. W. Thompson, Commentaries on the Modern Law of Real Property, \u00a7 3233, (repl. 1962); Neal v. Pickett, 280 S.W. 748, (Tex. Comm\u2019n.App.1926); Estate of McWhorter v. Wooten, 593 S.W.2d 366, (Tex.Civ.App. 1980).\nThe trial court found that FNB justifiably relied on Enriquez\u2019 alleged ownership of Sally Gutierrez\u2019 land in bringing the suit to set aside the conveyance. However, Enriquez\u2019 interest in Sally Gutierrez\u2019 land was based on a forged deed, thus creating no interest in Enriquez. Enriquez never had any interest in Sally Gutierrez\u2019 land on which FNB could rely.\nThe decision of the district court is reversed.\nIT IS SO ORDERED.\nSOSA, Senior Justice and FEDERICI, J., concur.",
        "type": "majority",
        "author": "RIORDAN, Justice."
      }
    ],
    "attorneys": [
      "Mirrer, Ryan, Orleans '& Vener, Louis J. Vener, Albuquerque, for defendant-appellant.",
      "Rodey, Dickason, Sloan, Akin & Robb, Robert M. St. John, Albuquerque, for plaintiff-appellee."
    ],
    "corrections": "",
    "head_matter": "634 P.2d 1266\nFIRST NATIONAL BANK IN ALBUQUERQUE, Plaintiff-Appellee, v. Jesus M. ENRIQUEZ, aka Jesus Enriquez, Plaza Del Sol National Bank and Valle State Bank, Defendants-Appellees, v. Sally GUTIERREZ, Defendant-Appellant.\nNo. 13377.\nSupreme Court of New Mexico.\nSept. 29, 1981.\nMirrer, Ryan, Orleans '& Vener, Louis J. Vener, Albuquerque, for defendant-appellant.\nRodey, Dickason, Sloan, Akin & Robb, Robert M. St. John, Albuquerque, for plaintiff-appellee."
  },
  "file_name": "0714-01",
  "first_page_order": 742,
  "last_page_order": 744
}