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PHOENIX FUNDING, LLC v. AURORA LOAN SERVICES, LLC

No. S-1-SC-35512.

2017-NMSC-010

PHOENIX FUNDING, LLC, Plaintiff-Respondent, v. AURORA LOAN SERVICES, LLC and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants-Petitioners.

Supreme Court of New Mexico.

January 26, 2017.

Attorney(s) appearing for the Case

Murr Siler & Accomazzo, P.C., Joshua A. Spencer , Albuquerque, NM, Jamie G. Siler , James P. Eckels , Denver, CO, for Petitioners.

William F. Davis & Associates, P.C., Nephi Hardman , Albuquerque, NM, for Respondent.

OPINION

{1} We are called to decide whether a 2009 default foreclosure judgment may be collaterally attacked based on assertions that the judgment was void for lack of jurisdiction and procured by fraud. In this case, those assertions were made by Phoenix Funding, LLC, which attempted to overturn...

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