Federal National Mortgage Association v. Rose Realty Inc‪.‬

This action by the plaintiff was to recover judgment on a promissory note and to foreclose a mortgage securing the same. The action was filed January 19, 1966. A copy of the complaint with copies of the note, mortgage and assignment to it attached as exhibits was immediately served upon the defendant. The defendant, Rose Realty, Inc., a corporation, being a subsequent mortgagee, on January 24, 1966, served the plaintiff with a request for admissions to be answered within 10 days that the note had been paid when refinanced by other defendants. The request was not denied by plaintiff until September 16, 1966. In the meantime, the defendant, pursuant to § 21-1-1(36), N.M.S.A.1953 Comp., had moved for a dismissal of the cause on the ground that such failure to deny the requests operated as an admission that the note had been paid.