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BANK OF NEW YORK MELLON v. LOPES

No. 32,310.

336 P.3d 443 (2014)

2014-NMCA-097

The BANK OF NEW YORK MELLON f/k/a The Bank of New York, Not in its Individual Capacity But Solely as Trustee for the Benefit of the Certificate Holders of the CWABS Inc., Asset-Backed Certificates, Series 2006-16, Plaintiff-Appellee, v. Suzanne LOPES, Defendant-Appellant, and Mortgage Electronic Registration Systems, Inc. (Solely as Nominee for Lender and Lender's Successor and Assigns) and Oscar D. Freites, Defendants.

Court of Appeals of New Mexico.

July 22, 2014.

Attorney(s) appearing for the Case

The Castle Law Group, LLC, Peggy A. Whitmore , Elizabeth Mason , Albuquerque, NM, for Appellee.

Suzanne Lopes, Albuquerque, NM, pro se Appellant.

OPINION

VIGIL, Judge.

{1} Defendant, Suzanne Lopes (Homeowner), appeals from the district court order granting summary judgment in favor of Plaintiff, The Bank of New York Mellon (the Bank). Homeowner contends, among other things, that the Bank failed to show that it had standing to bring its foreclosure claim. We agree with Homeowner and reverse.

I. BACKGROUND

{2} Homeowner...

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