Legal Opinion
Bank of New York Mellon v. Lopes
New Mexico Court of Appeals
Decided July 22, 2014No. Docket 32,310PublishedCited by 2 opinions
1Opinion of the Court
OPINION
VIGIL, Judge.
{1} Defendant, Suzanne Lopes (Homeowner), appeals from the district court order granting summary judgment in favor of Plaintiff, The Bank of New York Mellon (the Bank). Homeowner contends, among other things, that the Bank failed to show that it had standing to bring its foreclosure claim. We agree with Homeowner and reverse.
I. BACKGROUND
{2} Homeowner executed a promissory note to Countrywide Home Loans, Inc. (Countrywide), in the amount of $140,000 for the purchase of a home. Homeowner also signed a mortgage contract with Mortgage Electronic Registration Systems (MERS),…
2Cases cited4 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
- Roth v. ThompsonNew Mexico Supreme Court · 1992
- CADLE COMPANY, INC. v. Wallach Concrete, Inc.New Mexico Supreme Court · 1995
3Cited by2 opinions
- BAC Home Loans Servicing LP v. SmithNew Mexico Court of Appeals · 2015
- Bank of New York Mellon v. LopesNew Mexico Court of Appeals · 2014