March 25, 2019- Carrington Mortgage Services, LLC v. John F. Townsend, No. A-1-CA-37399

1 	IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 	CARRINGTON MORTGAGE SERVICES,_LLC,
3 	Plaintiff-Appellee,
4 v. 	No. A-1-CA-37399
5 JOHN F. TOWNSEND,
6 	Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY
8 John A. Dean, Jr., District Judge
9 Rose L. Brand & Associates, P.C.
10 Eraina M. Edwards
11 	Albuquerque, NM
12 for Appellee
13 	NM Trust and Probate Law Firm, LLC
14 Monica A. Davis
15 	Albuquerque, NM
16 for Appellant
17 	MEMORANDUM OPINION
18 	VANZI, Judge.
19 	{I} 	Defendant appeals from the district court's order denying his motion to
20 reconsider summary judgment and order for sale and underlying summary judgment
21 	and order for foreclosure sale. In this Court's notice of proposed disposition, we
22 proposed to summarily reverse and remand. Defendant filed a memorandum in
Court of Appeals of New Mexico
Filed 3/25/2019 9:37 AM
Mark Reynolds

i
!(
1 support, and Plaintiff filed a memorandum in response to proposed notice of summary
2 	disposition (MIO).
3 	{2} 	In its memorandum in opposition, Plaintiff acknowledges that "the error
4 occurred at the summary judgment phase," argues that it is entitled to file a second
5 motion for summary judgment providing the required evidence, and requests that this
6 Court instruct the district court to "only set aside the summary judgment and resulting
7 foreclosure sale." [MIO 1, 3] Accordingly, for the reasons stated in our notice of
8 proposed disposition and herein, we reverse the district court's denial ofDefendant's
9 motion for reconsideration, entered April 18, 2018; reverse the district court's
10 summary judgment and order for foreclosure sale, entered September 8, 2017,
11 	because there are issues of material fact; and remand for further proceedings.
12 {3}
13
14
IT IS SO ORDERED.
15 	WE CONCUR:
16 	~~17 	KRITINABOGUs, Judge
2