Deutsche Bank National Trust company v. Lucero ( 2016 )

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 DEUTSCHE BANK NATIONAL TRUST 3 COMPANY, AS TRUSTEE OF THE 4 HOME EQUITY MORTGAGE LOAN 5 ASSET-BACKED TRUST SERIES 6 INABS 2005-C, HOME EQUITY MORTGAGE 7 LOAN ASSET-BACKED CERTIFICATES, 8 SERIES INABS 2005-C UNDER THE 9 POOLING AND SERVICING AGREEMENT 10 DATED SEPTEMBER 1, 2005, 11 Plaintiff-Appellee, 12 v. NO. 34,942 13 EARNEST M. LUCERO a/k/a ERNEST 14 M. LUCERO, CATHY I. LUCERO, and 15 THE STATE OF NEW MEXICO 16 DEPARTMENT OF TAXATION 17 AND REVENUE, 18 Defendants-Appellants. 19 APPEAL FROM THE DISTRICT COURT OF SAN MIGUEL COUNTY 20 Abigail Aragon, District Judge 21 Rose L. Brand & Associates, P.C. 22 Karla K. Poe 23 Albuquerque, NM 24 for Appellee 1 Ernest M. Lucero 2 Cathy I. Lucero 3 Las Vegas, NM 4 Pro Se Appellants 5 MEMORANDUM OPINION 6 KENNEDY, Judge. 7 {1} Defendants-Appellants (Homeowners) appeal in a self-represented capacity 8 from the district court’s ruling that Plaintiff-Appellee Deutsche Bank National Trust 9 Company (Bank) has standing to enforce the note and the mortgage. [RP Vol.II/274, 10 311] Our notice proposed to dismiss for lack of a final order. Homeowners did not file 11 a response to our notice, and Bank filed a response in support. For reasons provided 12 in our notice, we dismiss for lack of a final order. 13 {3} IT IS SO ORDERED. 14 _______________________________ 15 RODERICK T. KENNEDY, Judge 16 WE CONCUR: 17 ___________________________________ 18 JAMES J. WECHSLER, Judge 2 1 _________________________________ 2 LINDA M. VANZI, Judge 3