Opinion
NO. 34,606
09-03-2015
YOUR CREDIT, INC., Plaintiff-Appellee, v. KATHLEEN MACGREGOR, Defendant-Appellant.
Barnett Law Firm Jennifer Rodriguez Rodgers Albuquerque, NM for Appellee Kathleen S. MacGregor Albuquerque, NM Pro Se Appellant
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. APPEAL FROM THE DISTRICT COURT OF VALENCIA COUNTY
James Lawrence Sanchez, District Judge
Barnett Law Firm
Jennifer Rodriguez Rodgers
Albuquerque, NM
for Appellee Kathleen S. MacGregor
Albuquerque, NM
Pro Se Appellant
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.
/s/ _________
MICHAEL E. VIGIL, Chief Judge
WE CONCUR:
/s/ _________
TIMOTHY L. GARCIA, Judge
/s/ _________
J. MILES HANISEE, Judge