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

• In May 2009, JP Morgan Chase Bank, National Association, initiated a foreclosure action against Linda Busi, attaching a note and mortgage with Chase Bank USA, N.A. as the lender, but without an endorsement to Plaintiff. The district court entered a foreclosure judgment against Busi in December 2009, with the property sold in February 2010. In July 2014, Busi sought to have the judgment set aside as void, referencing a Supreme Court opinion on standing in foreclosure cases (paras 1-3).

Procedural History

• District Court, December 2009: Judgment of foreclosure against Defendant.
• District Court, March 2010: Order approving the sale of the mortgaged property.
• District Court, July 2014: Denied Defendant's motion to set the judgment aside as void.

Parties' Submissions

• Plaintiff-Appellee: Argued for foreclosure based on the attached note and mortgage, did not face objection on standing from Defendant (para 1).
• Defendant-Appellant: Filed a motion to set aside the foreclosure judgment as void, citing a Supreme Court opinion on the necessity of standing in foreclosure complaints (para 3).

Legal Issues

• Whether the district court abused its discretion in denying Defendant's Rule 1-060(B) motion to set aside the foreclosure judgment as void for lack of standing (para 4).
• Whether a final judgment in a mortgage foreclosure case is voidable under Rule 1-060(B) due to a lack of prudential standing (para 5).

Disposition

• The Court of Appeals affirmed the district court's denial of Defendant's motion to set aside the foreclosure judgment and proceedings following that judgment (para 6).

Reasons

• Per Jonathan B. Sutin, with Michael E. Vigil, Chief Judge, and Timothy L. Garcia, Judge concurring: The Court reviewed the district court's denial of relief under Rule 1-060(B) de novo for legal questions and found no abuse of discretion. It applied the Supreme Court's clarification in Deutsche Bank National Trust Co. v. Johnston that standing in mortgage foreclosure is prudential, not jurisdictional, and cannot be used for a collateral attack on a final judgment. Thus, Defendant's motion to set aside the judgment based on lack of standing was found to have no legal basis (paras 4-6).