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

• In April 2014, the City of Clovis initiated foreclosure proceedings on several properties, including the home of Mona Bryant. At that time, Nationstar Mortgage, LLC, the predecessor of Bank of America (BoA), held a mortgage on Bryant's property. Despite Nationstar's attorney's claims of improper service and subsequent filing of an answer to the foreclosure notice, neither Bryant nor Nationstar appeared at the foreclosure trial held on May 12, 2015. Consequently, the district court transferred the title of Bryant's property to the City. Bryant exercised her right of redemption and recorded her quitclaim deed after the City auctioned her property. Nationstar had previously filed a foreclosure action against Bryant, which was granted summary judgment in May 2014. BoA, having acquired the property from Nationstar, filed a motion to set aside the judgment, sale, and redemption, citing excusable neglect due to lack of notice from the now-defunct Castle Law Group (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant (Mona Bryant): Argued that the district court abused its discretion by setting aside the judgment based on excusable neglect, contending that equity does not favor BoA, thus Rule 1-060 should not apply (para 4).
• Appellee (Bank of America, N.A.): Claimed that the default judgment against Nationstar should be set aside due to excusable neglect or exceptional circumstances, as Nationstar was unaware of the foreclosure proceedings and Bryant's redemption due to the Castle Law Group's failure to notify them or the court of its closure (para 3).

Legal Issues

• Whether the district court abused its discretion by granting BoA’s motion to set aside judgment, sale, and redemption based on a finding of excusable neglect under Rule 1-060(B)(1) NMRA (para 4).

Disposition

• The New Mexico Court of Appeals affirmed the district court's order setting aside the judgment, sale, and redemption of Bryant's property in favor of Bank of America, N.A. (para 11).

Reasons

• Per B. Zamora, J. (with Jennifer L. Attrep, J., and Megan P. Duffy, J., concurring): The Court found no abuse of discretion by the district court in its finding of excusable neglect under Rule 1-060(B)(1) NMRA. The Court noted that Bryant did not dispute the district court's factual findings, including that Nationstar did not receive actual notice of the foreclosure proceedings. The Court emphasized that motions under Rule 1-060(B) are grounded in equity, requiring a balance between finality and relief from unjust judgments. The district court's decision was supported by considerations of minor prejudice to Bryant, the significance of the loss to BoA, the length and reasons for the delay, and the absence of bad faith by BoA. The Court concluded that the district court properly weighed the relevant factors and did not abuse its discretion in granting BoA's motion to set aside the judgment, sale, and redemption (paras 4-10).