AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Pro se Defendant Glenda D. Shaw appealed the district court's order denying her motion to set aside a foreclosure judgment and sale. The appeal was based on Rule 1-060(B)(6) NMRA.

Procedural History

• District Court of Lincoln County, Daniel A. Bryant, District Judge: Denied Defendant's motion to set aside the foreclosure judgment and sale.

Parties' Submissions

• Appellee (Quicken Loans Inc.): [Not applicable or not found]
• Appellants (Glenda D. Shaw, Jeff N. Shaw, and N.M. Taxation & Revenue Department): Sought to set aside the foreclosure judgment and sale, arguing on the basis of Rule 1-060(B)(6) NMRA.

Legal Issues

• Whether the district court's denial of Defendant's motion to set aside the foreclosure judgment and sale pursuant to Rule 1-060(B)(6) NMRA was proper.

Disposition

• The Court of Appeals affirmed the judgment of the district court denying Defendant’s motion to set aside the foreclosure judgment and sale.

Reasons

• Per Michael E. Vigil, J. (Linda M. Vanzi, Chief Judge, and Stephen G. French, Judge, concurring): The Court of Appeals found the Defendant's standing challenge unpersuasive, citing two main reasons. First, the attempt to void the final foreclosure judgment through a challenge grounded in Rule 1-060(B) is contrary to precedent established in Deutsche Bank National Trust Co. v. Johnston, which held that completed foreclosure judgments are not voidable pursuant to Rule 1-060(B) for lack of standing (para 2). Second, the record appeared to demonstrate that the Plaintiff met the standing requirements as articulated in relevant case law under the Uniform Commercial Code (para 2). The Defendant did not address the Court's analyses of these reasons, leading to the affirmation of the district court's judgment (para 2).