Bank of New York Mellon v. Rodriguez ( 2018 )

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 THE BANK OF NEW YORK MELLON, 3 F/K/A THE BANK OF NEW YORK, as 4 Successor in Interest to JPMORGAN 5 CHASE BANK, NATIONAL ASSOCIATION, 6 As Trustee for RBSGC MORTGAGE LOAN 7 TRUST MORTGAGE PASS-THROUGH 8 CERTIFICATE, SERIES 2005-RPI, 9 10 Plaintiff-Appellant, 11 v. NO. A-1-CA-36317 12 FRANCISCO JAVIER RODRIGUEZ AND 13 JANE DOE RODRIGUEZ, husband and 14 wife; PATRICIA ESTRADA, if living; if 15 deceased, THE UNKNOWN HEIRS OF 16 PATRICIA ESTRADA, DECEASED; 17 CITY OF ALBUQUERQUE; ABC Corporations 18 I-X, XYZ Partnerships I-X, John Does I-X 19 and Jane Does I-X, THE UNKNOWN HEIRS 20 AND DEVISEES OF ANY OF THE ABOVE, 21 IF DECEASED; OCCUPANTS OF THE PROPERTY, 22 Defendants-Appellees. 23 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 24 Victor S. Lopez, District Judge 25 McCarthy & Holthus, LLP 26 Karen Weaver 1 Joshua T. Chappell 2 Albuquerque, NM 3 for Appellant 4 Daniel P. Dietz, Assistant City Attorney 5 Albuquerque, NM 6 for Appellee City of Albuquerque 7 MEMORANDUM OPINION 8 VANZI, Chief Judge. 9 {1} Summary affirmance was proposed for the reasons stated in the notice of 10 proposed summary disposition. No memorandum opposing summary affirmance has 11 been filed and the time for doing so has expired. 12 {2} AFFIRMED. 13 {3} IT IS SO ORDERED. 14 __________________________________ 15 LINDA M. VANZI, Chief Judge 16 WE CONCUR: 17 _________________________________ 18 STEPHEN G. FRENCH, Judge 19 _________________________________ 2 1 DANIEL J. GALLEGOS, Judge 3