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AG New Mexico, FCS, ACA v. Borges (In re Borges)

Citation: 485 B.R. 743Docket: Bankruptcy No. 11-10-12800-s11; Adversary Nos. 10-1170-s, 11-1012-s, 10-1170-s, 11-1105-s

Court: United States Bankruptcy Court, D. New Mexico; December 31, 2012; Us Bankruptcy; United States Bankruptcy Court

Narrative Opinion Summary

In a multifaceted legal dispute involving agricultural lenders (AGNM) and a dairy farming couple (Borges), the court navigated various bankruptcy and foreclosure issues. The case arose when Borges filed for Chapter 11 bankruptcy amid financial troubles, leading AGNM to pursue foreclosure actions and assert its rights over collateral including cattle and dairy facilities. Borges counterclaimed, alleging breaches of contract, unfair practices, and promissory estoppel by AGNM. The court determined that AGNM's mortgage on additional farmland was voidable due to improper acknowledgment, allowing Borges to avoid the lien under bankruptcy trustee powers. AGNM's failure to perfect its interest in water rights further weakened its claims. Despite AGNM's aggressive enforcement of its collateral rights, the court found no breach of good faith and fair dealing, nor did it find evidence of conversion or unfair practices by AGNM. The court dismissed Borges' claims of promissory estoppel due to the lack of a definitive promise. Ultimately, the court permitted AGNM to foreclose on certain properties while preserving some assets for the estate, and remanded specific proceedings back to state court for resolution.

Legal Issues Addressed

Bankruptcy Trustee's Strong-Arm Powers under 11 U.S.C. § 544(a)

Application: The court determined that the debtor in possession could void a lien on the 220 acres because the mortgage was not properly acknowledged, allowing the use of strong-arm powers to avoid such liens.

Reasoning: Borges can avoid the Corrected Mortgage under 11 U.S.C. 544(a)(3) because it does not provide constructive notice.

Bona Fide Purchaser Doctrine

Application: The court ruled that an unacknowledged mortgage cannot provide constructive notice, allowing a bona fide purchaser to acquire property free of liens.

Reasoning: An unacknowledged mortgage cannot confer constructive notice, even if it appears in land records.

Conversion and Measure of Damages

Application: The court found no evidence to support claims of conversion against family members, emphasizing the necessity of proving wrongful control or dominion over property.

Reasoning: The court found insufficient evidence to render a judgment against any family member for conversion or theft.

Implied Covenant of Good Faith and Fair Dealing

Application: The court found that AGNM's actions, while aggressive, did not constitute a breach of the covenant as they were within AGNM's rights to protect its collateral interests.

Reasoning: AGNM's conduct did not constitute bad faith or unfair dealing, as they were within their rights to make such demands.

Perfection of Security Interests under New Mexico Law

Application: AGNM failed to perfect its interest in the water rights due to improper filing, allowing Borges to reject the assignment of these rights.

Reasoning: The change of ownership forms were filed under an incorrect name... which does not satisfy the recordation requirement.

Promissory Estoppel

Application: Borges' claim was dismissed as there was no definitive promise from AGNM, highlighting the necessity of clear and unambiguous promises for estoppel.

Reasoning: Promissory estoppel cannot be invoked based on preliminary negotiations or vague statements.

Unfair Practices Act (UPA) Claims

Application: Borges' claim under the UPA was dismissed due to lack of evidence that AGNM knowingly made false representations.

Reasoning: AGNM is found not to have knowingly made false representations to Ms. Borges regarding the facility loan.