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NM Court of Appeals Schedules May 17, 1:30 PM Hearing

May 5, 2016 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Tuesday, May 17, 2016. The oral argument is open to the public and begins at 1:30 P.M.

A three-judge panel will preside: Judge Jonathan B. Sutin (’63), Judge M. Monica Zamora (’87), and Judge J. Miles Hanisee.

Following are the details of the case:

THE BANK OF NEW YORK AS TRUSTEE FOR POPULAR FINANCIAL SERVICES MORTGAGE/PASSTHROUGH CERTIFICATE SERIES #2006-D, Plaintiff-Appellant, represented by Kerri L. Allensworth, Thomas L. Johson, and Eriana Edwards


JOSEPH A. ROMERO and MARY ROMERO a/k/a MARY O. ROMERO a/k/a MARIA ROMERO, Defendant-Appellees, represented by Daniel Yohalem, Katherine Murray, Frederick M. Rowe, and Joshua R. Simms

Appellant filed a residential mortgage foreclosure action on February 1, 2008. Defendant-Appellees challenged Appellant’s right to enforce the note and mortgage in district court. After trial, the district court found in favor of Appellant. Appellees appealed the decision to the Court of Appeals, which upheld the district court’s findings and judgment. Appellees appealed to the Supreme Court and certiorari was granted. The Supreme Court ultimately held that there was no “substantial evidence” to demonstrate that Appellant was a holder of the note and reversed the order of foreclosure for lack of standing. The foreclosure judgment was set aside by the district court. The Appellant requests review of the district court’s holdings regarding claim and issue preclusion.

For more information, contact Nora Gonzales at 505-841-4618.