This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- Margette Webster and David Webster initiated litigation against Emma Serna and Mike Serna to enforce a judgment through foreclosure on real property located at 10812 Olympic Street Northwest in Albuquerque, New Mexico. This action stemmed from a judgment entered in previous litigation between the parties. The district court ruled in favor of the Websters, allowing them to proceed with the foreclosure.
Procedural History
- District Court of Bernalillo County: Summary judgment granted in favor of the Websters, permitting foreclosure on the property (para 1).
Parties' Submissions
- Plaintiffs-Appellees (Websters): Argued for the enforcement of a judgment through foreclosure on real property owned by the Sernas.
- Defendants-Appellants (Sernas): Raised various claims of error against the district court's decision, including challenges to the foreclosure process, allegations of bias and misconduct, and disputes over the notice and credit for payments made (paras 2-9).
Legal Issues
- Whether the district court erred in granting summary judgment allowing the Websters to foreclose on the property.
- Whether the Sernas' challenges to the underlying litigation and subsequent orders were properly before the court.
- Whether the foreclosure sale by the special master was conducted in violation of statutory requirements.
- Whether claims of professional negligence and defamation against the Websters' counsel were admissible.
- Whether changes in property ownership after the recording of the judgment affected the validity of the foreclosure.
- Whether the trustee, Ms. Serna, was immune from suit in her capacity.
- Whether allegations of prejudicial misconduct by the district court and the Websters' counsel were supported by evidence.
- Whether the Sernas received proper notice of hearings.
- Whether the Sernas were entitled to credit for a $10,000 payment claimed to have been made to the Websters.
Disposition
- The Court of Appeals affirmed the district court's decision, allowing the foreclosure to proceed (para 11).
Reasons
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The Court, comprising Judges Zachary A. Ives, J. Miles Hanisee, and Megan P. Duffy, unanimously concurred in the decision. The Court declined to address challenges to the underlying litigation and orders, as well as the foreclosure sale and claims of professional negligence and defamation, due to procedural and jurisdictional issues (paras 2-4). The Court found the Sernas' arguments regarding the ownership of the property and the trustee's immunity from suit to lack merit, as the foreclosure was based on a lien against the property owned by Ms. Serna at the time of the judgment's recording (paras 5-6). Allegations of misconduct and bias, lack of notice for hearings, and entitlement to payment credit were dismissed due to lack of evidence or failure to demonstrate prejudice (paras 7-9). The Court also noted that the Sernas did not sufficiently develop their additional claims of error for consideration (para 10).
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