BANK OF NEW YORK v. ROMERO

No. 33,224.

320 P.3d 1 (2014)

2014-NMSC-007

BANK OF NEW YORK as Trustee for Popular Financial Services Mortgage/Pass Through Certificate Series #2006, Plaintiff-Respondent, v. Joseph A. ROMERO and Mary Romero, a/k/a Mary O. Romero, a/k/a Maria Romero, Defendants-Petitioners.

Supreme Court of New Mexico.

February 13, 2014.


Attorney(s) appearing for the Case

Joshua R. Simms, P.C., Joshua R. Simms , Albuquerque, NM, Frederick M. Rowe , Daniel Yohalem , Katherine Elizabeth Murray , Santa Fe, NM, for Petitioners.

Rose Little Brand & Associates, P.C., Eraina Marie Edwards , Albuquerque, NM, Severson & Werson, Jan T. Chilton , San Francisco, CA, for Respondents.

Gary K. King , Attorney General, Joel Cruz-Esparza , Assistant Attorney General, Karen J. Meyers , Assistant Attorney General, Santa Fe, NM, for Amicus Curiae New Mexico Attorney General.

Nancy Ana Garner , Santa Fe, NM, for Amicus Curiae Civic Amici.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward R. Ricco , John P. Burton , Albuquerque, NM, James J. White , Ann Arbor, MI, for Amicus Curiae New Mexico Bankers Association.


OPINION

DANIELS, Justice.

{1} We granted certiorari to review recurring procedural and substantive issues in home mortgage foreclosure actions. We hold that the Bank of New York did not establish its lawful standing in this case to file a home mortgage foreclosure action. We also hold that a borrower's ability to repay a home mortgage loan is one of the "borrower's circumstances" that lenders and courts must consider in determining compliance...

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