Legal Opinion

Deutsche Bank National Trust Co. v. Johnston

New Mexico Supreme Court

Decided March 3, 2016No. 34,726PublishedCited by 23 opinions

1Opinion of the Court

OPINION

CHÁVEZ, Justice.

{1} This case requires us once again to examine traditional rules of jurisdiction and standing in the context of modern mortgage foreclosure actions. In Bank of New York v. Romero, 2014-NMSC-007, ¶¶ 19-38, 320 P.3d 1, we concluded that the plaintiff did not establish standing to foreclose on the defendant’s home when it could not prove that it had the right to enforce the promissory note on the mortgage at the time it filed suit. See NMSA 1978, § 55-3-301 (1992) (defining “ ‘[pjerson entitled to enforce’ [a negotiable] instrument”). In the present case, Petitioner…

2Cases cited31 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Davis v. Federal Election CommissionSupreme Court of the United States · 2008
  3. Federal Home Loan Mortgage Corp. v. SchwartzwaldOhio Supreme Court · 2012
  4. McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
  5. Key v. Chrysler Motors Corp.New Mexico Supreme Court · 1996

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3Cited by23 opinions

  1. HSBC Bank USA v. WilesNew Mexico Court of Appeals · 2020
  2. Deutsche Bank Nat'l Tr. Co. v. ValerioNew Mexico Court of Appeals · 2021
  3. PNC Mortgage v. RomeroNew Mexico Court of Appeals · 2016
  4. Citimortgage, Inc. v. GarciaNew Mexico Court of Appeals · 2022
  5. Deutsche Bank Nat'l Trust Co. v. JohnsonNew Mexico Supreme Court · 2016

18 more not listed; retrieve them via the Exa API.

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