Wells Fargo Bank v. Russo

Full title: WELLS FARGO BANK, N.A. as Trustee on behalf of the Holders of the…

Court: Court of Appeals of New Mexico

Date published: Sep 22, 2021

No. A-1-CA-38260 (N.M. Ct. App. Sep. 22, 2021)

Opinion

A-1-CA-38260

09-22-2021

WELLS FARGO BANK, N.A. as Trustee on behalf of the Holders of the HARBORVIEW MORTGAGE LOAN TRUST MORTGAGE LOAN PASS-THROUGH CERTIFICATES, SERIES 2006-12, Plaintiff-Appellee, v. MARIE C. RUSSO, Defendant-Appellant.

Holland & Hart LLP Larry J. Montaño Julia Broggi Santa Fe, NM for Appellee. Rachel O. Woods Albuquerque, NM for Appellant.

KISTINA BOGARDUS, Judge.

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY David K. Thomson, District Judge.

Holland & Hart LLP Larry J. Montaño Julia Broggi Santa Fe, NM for Appellee.

Rachel O. Woods Albuquerque, NM for Appellant.

DECISION

KISTINA BOGARDUS, Judge.

{¶1} Appellant Marie Russo appeals the district court's grant of summary judgment in favor of Appellee Wells Fargo Bank, N.A., as trustee on behalf of the holders of the Harborview Mortgage Loan Trust Mortgage Loan Pass-Through Certificate, Series 2006-12 in a foreclosure action as well as the district court's denial of her motion to reconsider. On appeal, Russo argues (1) the judgment is not a final order, (2) her right to due process was violated, (3) Wells Fargo failed to prove standing, and (4) the original dismissal from the 2011 case corresponding to this matter should be "enforced or reversed."

{¶2} "[I]t is the appellant's burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred." Premier Trust of Nev., Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10, P.3d . We conclude, after thorough and careful review of the briefing, the authorities cited therein, and the record of both the case before us and the related case, D-101-CV-2011-03167, that Russo has not demonstrated an error on the part of the district court that requires reversal. See Farmers, Inc., v. Dal Mach. & Fabricating, Inc., 1990-NMSC-100, ¶ 8, 111 N.M. 6, 800 P.2d 1063 ("The presumption upon review favors the correctness of the [district] court's actions. Appellant must affirmatively demonstrate its assertion of error."). Accordingly, we affirm the district court's orders granting summary judgment and denying Russo's motion for reconsideration.

{¶3} IT IS SO ORDERED.

WE CONCUR: J. MILES HANISEE, Chief Judge, JACQUELINE R. MEDINA, Judge.