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

• The case involves a foreclosure complaint filed by Nationstar’s predecessor-in-interest, Amtrust Bank, against Defendant Jonathan Kellen in January 2009. A judgment for foreclosure was entered in February 2011. In March 2014, Kellen filed a motion to reconsider the merits of the 2011 judgment. The district court denied this motion, leading to Kellen's appeal (paras 2-3).

Procedural History

• January 2009: A complaint for foreclosure was filed against Jonathan Kellen (para 2).
• February 2011: Judgment was entered in favor of the plaintiff, finalizing the foreclosure (para 2).
• March 2014: Kellen filed a motion to reconsider the 2011 judgment (para 2).
• The district court denied the motion to reconsider, prompting Kellen's appeal to the Court of Appeals of New Mexico (para 2).

Parties' Submissions

• Defendant-Appellant: Argued that Nationstar did not have an interest in the property when the judgment was entered in February 2011, relying on a statement from Bank of New York v. Romero regarding the necessity of establishing "timely ownership" of the note for foreclosure actions (para 4).
• Plaintiff-Appellee: Supported the district court's denial of the motion to reconsider, presumably arguing that the foreclosure judgment was proper and that Nationstar, as the assignee of Amtrust Bank, had standing in the action.

Legal Issues

• Whether the district court erred in denying Defendant's motion to reconsider the merits of the 2011 foreclosure judgment (para 3).
• Whether Nationstar had standing to enforce the foreclosure judgment entered in February 2011 (para 4).

Disposition

• The Court of Appeals affirmed the district court's denial of Defendant's motion to reconsider the 2011 foreclosure judgment (para 6).

Reasons

• Per JAMES J. WECHSLER, with CYNTHIA A. FRY and LINDA M. VANZI concurring, the Court of Appeals found that the motion to reconsider filed by Kellen was effectively a motion to set aside the judgment under Rule 1-060(B) NMRA due to the delay in filing. The court reviewed the denial of the motion for an abuse of discretion and found none. It was determined that Nationstar, having been assigned the interest from Amtrust Bank in July 2013, had standing as Amtrust Bank was the holder of the note with a blank indorsement at the time of the 2011 action. The court relied on the principles established in Bank of New York v. Romero regarding the enforcement rights of a holder of a negotiable instrument under the Uniform Commercial Code, concluding that the district court properly denied Kellen's motion (paras 3-5).