AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves the Bank of New York Mellon Trust Company, N.A., as Trustee for MASTR Adjustable Rate Mortgages Trust 2004-7 (Plaintiff-Appellee) against Brenda Price (Defendant-Appellant), along with Chase Manhattan Bank, USA, N.A., Hawk Mechanical, LLC, and Peoples Bank as Defendants. The core of the dispute centers around a motion for relief from judgment filed by Brenda Price, seeking reconsideration of an order dismissing her counterclaim under the Home Loan Protection Act (HLPA) as time-barred. The counterclaim was related to a home loan executed on May 14, 2014.

Procedural History

• Summary judgment entered on February 14, 2017: Judgment in favor of Plaintiff-Appellee.
• Notice of appeal filed by Defendant in December 2017: Appeal dismissed as untimely by this Court.
• Motion for relief from judgment filed by Defendant on August 28, 2018: Seeking reconsideration of the dismissal of her HLPA counterclaim.

Parties' Submissions

• Plaintiff-Appellee: [Not applicable or not found]
• Defendant-Appellant: Argued that the district court erred in dismissing her HLPA counterclaim as time-barred, asserting that exceptional circumstances justified relief under Rule 1-060(B)(6). Additionally, raised several issues in her memorandum in opposition to the proposed summary disposition, including claims that the Plaintiff’s foreclosure action was barred by statute limitations, Plaintiff lacked standing, and various allegations of misrepresentation and procedural errors.

Legal Issues

• Whether the district court properly denied Defendant’s motion for relief from judgment filed pursuant to Rule 1-060 NMRA.
• Whether Defendant established exceptional circumstances sufficient to justify relief under Rule 1-060(B)(6).

Disposition

• The district court’s order denying relief from judgment was affirmed.

Reasons

• Per J. Miles Hanisee, Chief Judge (Shammara H. Henderson, Judge and Jane B. Yohalem, Judge concurring): The Court concluded that the Defendant did not establish exceptional circumstances sufficient to justify relief under Rule 1-060(B)(6). The Defendant’s memorandum in opposition to the proposed summary disposition failed to address reasons for not bringing her HLPA claim within the three-year limit following the execution of the loan. Furthermore, the arguments presented by the Defendant were deemed not to involve questions before the district court in 2018 when it denied the Rule 1-060(B) motion. Instead, they were arguments that could have been raised in a timely appeal from the summary judgment entered in 2017. The Court found that the Defendant did not meet her burden of establishing any exceptional circumstances that would have justified granting the motion filed in 2018 (paras 1-5).