In acquiring a mortgage interest "[a] mortgagee acquires a lien on the owner's property which may be conveyed together with the mortgagor's personal obligation to repay the debts secured by the mortgage." Macaron v. Assocs. Capital Servs. Corp., 1987-NMCA-005, ¶ 7, 105 N.M. 380, 381-82; see NMSA 1978, §§ 39-5-1 to -23; NMSA 1978, § 48-7-7; see also Slemmons v. Massie, 1984-NMSC-108, ¶ 5, 102 N.M. 33, 34 ("The mortgage, both on its face and under New Mexico law, []gives the mortgagee the right to enforce the lien by foreclosing on the property."). "The mortgagee's security interest generally has priority over subsequent claims or liens attaching to the property."

"If any one of the necessary elements required to establish title by adverse possession is lacking, title by adverse possession cannot be proven." Slemmons v. Massie, 1984-NMSC-108, ¶ 6, 102 N.M. 33, 690 P.2d 1027, 1028. LAW REGARDING OBJECTIONS TO PROPOSED FINDINGS AND RECOMMENDATIONS

"If any one of the necessary elements required to establish title by adverse possession is lacking, title by adverse possession cannot be proven." Slemmons v. Massie, 1984-NMSC-108, ¶ 6, 690 P.2d 1027.

A party claiming adverse possession has the burden of proving all of these elements. Id. ; In re Estate of Duran , 2003-NMSC-008, ¶ 8, 133 N.M. 553, 66 P.3d 326, 330 ; Slemmons v. Massie , 1984-NMSC-108, ¶ 6, 102 N.M. 33, 690 P.2d 1027, 1028. "If any one of the elements necessary to establish title to land by adverse possession is missing, the claimant will not obtain title." Hernandez v. Cabrera , 1988-NMCA-064, ¶ 6, 107 N.M. 435, 759 P.2d 1017, 1018.

In New Mexico, "a mortgage is merely a lien and passes no title to the mortgaged property." Slemmons v. Massie, 1984-NMSC-108, ¶ 5, 102 N.M. 33. Plaintiff does not contend that the MERS assignment of the Mortgage transferred title of the property. In addition, as explained above, Oak Street Mortgage's designation of MERS as its nominee under the Mortgage was sufficient to allow MERS to assign the Mortgage, a lien, to Plaintiff; no power of attorney from Oak Street Mortgage to MERS was necessary to do so.

In New Mexico, a mortgage does not change the ownership of the encumbered property. See, e.g.,Slemmons v. Massie , 102 N.M. 33, 34, 690 P.2d 1027 (S.Ct. 1984) ("a mortgage is merely a lien and passes no title to the mortgaged property."). 1. The Plain Language of the WRCOS Supports the Court's Interpretation.

{22} The City relies on the VHWU1 recorded plat for color of title. "To possess color of title, the claimant must have a writing or a conveyance of some kind that purports to convey the land title to which is claimed." Madrid v. Rodriguez (In re Estate of Duran),2003-NMSC-008, ¶ 20, 133 N.M. 553, 66 P.3d 326 (internal quotation marks and citation omitted); see Slemmons v. Massie, 102 N.M. 33, 34, 690 P.2d 1027, 1028 (1984) ("[Color of title] must attempt to give title to the adverse occupant, but for some reason fails to do so."). {23} The VHWU1 recorded plat grants a drainage easement to the City over the entirety of Parcel F. Is the grant of this drainage easement a writing or conveyance that purports to convey fee title to the City?

{22} The City relies on the VHWU1 recorded plat for color of title. “To possess color of title, the claimant must have a writing or a conveyance of some kind that purports to convey the land title to which is claimed.” Madrid v. Rodriguez (In re Estate of Duran), 2003–NMSC–008, ¶ 20, 133 N.M. 553, 66 P.3d 326 (internal quotation marks and citation omitted); see Slemmons v. Massie, 102 N.M. 33, 34, 690 P.2d 1027, 1028 (1984) (“[Color of title] must attempt to give title to the adverse occupant, but for some reason fails to do so.”). {23} The VHWU1 recorded plat grants a drainage easement to the City over the entirety of Parcel F. Is the grant of this drainage easement a writing or conveyance that purports to convey fee title to the City?

An assignment immediately transfers legal title, while a mortgage only establishes a lien on legal title. See Slemmons v. Massie, 102 N.M. 33, 34, 690 P.2d 1027, 1028 (1984) (stating that "a mortgage is merely a lien and passes no title to the mortgaged property"). 8.

Even had the essential elements for the statutory cause of action of adverse possession been pled properly, our affirmance of the district court regarding the legal sufficiency of the deed necessarily would defeat the claim as color of title could not be proved by clear and convincing evidence. See Slemmons v. Massie, 102 N.M. 33, 690 P.2d 1027 (1984) (if proof of one element of a claim of adverse possession fails, the entire claim fails). This court does not correct harmless error.