Wells Fargo Bank v. Montoya ( 2015 )

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 WELLS FARGO BANK, N.A., 3 Plaintiff-Appellee, 4 v. NO. 34,608 5 NADIA MONTOYA, 6 Defendant-Appellant. 7 and 8 PORFIRIO MONTOYA a/k/a 9 PORFIRIO J. MONTOYA and 10 TOSCANA AT CABEZON 11 HOMEOWNERS ASSOCIATION, 12 INC., 13 Defendants. 14 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY 15 John F. Davis, District Judge 16 Joshua R. Simms, P.C. 17 Joshua R. Simms 18 Albuquerque, NM 19 for Appellant 20 McCarthy & Holthus, LLP 21 Jeannette M. Whittaker 1 Andrew Yarrington 2 Albuquerque, NM 3 for Appellee 4 MEMORANDUM OPINION 5 VIGIL, Judge. 6 {1} Summary affirmance was proposed for the reasons stated in the notice of 7 proposed summary disposition. No memorandum opposing summary affirmance has 8 been filed and the time for doing so has expired. 9 {2} AFFIRMED. 10 {3} IT IS SO ORDERED. 11 _______________________________ 12 MICHAEL E. VIGIL, Chief Judge 13 WE CONCUR: 14 ___________________________________ 15 JAMES J. WECHSLER, Judge 16 _________________________________ 17 TIMOTHY L. GARCIA, Judge 2