Wilmington Sav. Fund Soc'y v. Mound

• Docket Number: A-1-CA-40551
• Decision Date: 11 September 2023
• Parties: WILMINGTON SAVINGS FUND SOCIETY, FSB d/b/a CHRISTIANA TRUST, not individually, but as TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, Plaintiff-Appellee, v. K. MARIE MOUND, Defendant-Appellant, and UNITED STATES OF AMERICA (IRS) and PORTFOLIO RECOVERY ASSOCIATES, INC., Defendants.
• Court: Court of Appeals of New Mexico

1

WILMINGTON SAVINGS FUND SOCIETY, FSB d/b/a CHRISTIANA TRUST, not individually, but as TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, Plaintiff-Appellee,
v.
K. MARIE MOUND, Defendant-Appellant,

and UNITED STATES OF AMERICA (IRS) and PORTFOLIO RECOVERY ASSOCIATES, INC., Defendants.

No. A-1-CA-40551

Court of Appeals of New Mexico

September 11, 2023

Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Benjamin Chavez, District Court Judge

Houser LLP Solomon S. Krotzer Albuquerque, NM for Appellee

Trujillo Law LLC Jeremy Trujillo Albuquerque, NM for Appellant

2

MEMORANDUM OPINION

HENDERSON, Judge.

{¶1}Appellant appeals from the district court's order of summary judgment and for foreclosure sale of the subject property and from the district court's order denying Appellant's motion to reconsider. Unpersuaded by Appellant's docketing statement, we issued a notice proposing to summarily affirm. Appellant has responded with a memorandum in opposition to our notice. After due consideration of all the materials before us, we remain unpersuaded and affirm.

{¶2}Appellant's response to our notice continues to argue that she raised issues of fact as to Appellee's standing to enforce the note that precludes entry of summary judgment; namely, Appellant's allegations that the allonge constituted the actual transfer of the note to Appellee and Appellee did not have the note at the filing of the complaint. [MIO 6-7] We remain unpersuaded Appellant presented more than speculation to support her allegations. See Horne v. Los Alamos Nat'l Sec., LLC., 2013-NMSC-004, ¶ 15, 296 P.3d 478 (reiterating that speculation is insufficient to overcome a prima facie case for summary judgment); Kreutzer v. Aldo Leopold High Sch., 2018-NMCA-005, ¶ 27, 409 P.3d 930 ("The non[]movant [in summary judgment] cannot meet th[eir] burden with allegations or speculation but must present admissible evidence demonstrating the existence of a genuine issue of fact requiring trial."). We remain persuaded that Appellee made a prima facie case of

3

standing by attaching to its complaint a copy of the original note indorsed in blank and by submitting affidavits demonstrating its possession of...