DEUTSCHE BANK NAT. TRUST CO. v. JOHNSTON

No. S-1-SC-34726.

369 P.3d 1046 (2016)

2016-NMSC-013

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2006-NC4, Plaintiff-Petitioner, v. Johnny Lance JOHNSTON, Defendant-Respondent.

Supreme Court of New Mexico.

March 3, 2016.


Attorney(s) appearing for the Case

Holland & Hart LLP, Larry J. Montaño , Santa Fe, NM, Murr Accomazzo & Siler, PC, Eric P. Accomazzo , Jamie G. Siler , James P. Eckels , Denver, CO, for Petitioner.

Law Office of Jane B. Yohalem, Jane B. Yohalem , Santa Fe, NM, for Respondent.

Daniel Yohalem , Santa Fe Neighborhood Law Center, Frederick M. Rowe , Katherine Elizabeth Murray , Joshua David Schwartz , Santa Fe, NM, for Amici Curiae Santa Fe Neighborhood Law Center, Mary and Joseph Romero, Professor Nathalie Martin, United South Broadway, Somos Un Pueblo Unidos, The Santa Fe Neighborhood Network, Homewise, Inc., Santa Fe Area Home Builders Association, and New Mexico Foreclosure Defense Group.


OPINION

{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...

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