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BANK OF NEW YORK v. ROMERO

No. 29,945.

266 P.3d 638 (2011)

2011-NMCA-110

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

Court of Appeals of New Mexico.

Certiorari Granted, October, 25, 2011, No. 33,224.

Attorney(s) appearing for the Case

Little & Dranttel, P.C., Elizabeth M. Dranttel , Peggy A. Whitmore , Albuquerque, NM, Severson & Werson, Jan T. Chilton , San Francisco, CA, for Appellee.

Joshua R. Simms, P.C., Joshua R. Simms , Albuquerque, NM, for Appellant.

Santa Fe Neighborhood Law Center, Frederick M. Rowe , Daniel M. Yohalem , Santa Fe, NM, for Amici Curiae.

OPINION

VANZI, Judge.

{1} In 2006, Joseph and Mary Romero (the Romeros) refinanced the mortgage on their home in order to pay off existing debts and loans. When they defaulted two years later, The Bank of New York, as trustee for Popular Financial Services Mortgage/Pass Through Certificate Series #2006, (the Bank) started foreclosure proceedings. In response to the complaint for foreclosure, the Romeros counterclaimed against the Bank, alleging...

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