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 Plaintiff, a bank, initiated foreclosure proceedings against the Defendant, who had signed a promissory note for a loan. The Defendant argued that his signature on the note created the money, making him the creditor, and raised claims of forgery, lack of jurisdiction, and sovereignty. The Defendant also alleged bias by the district court.
Procedural History
- District Court, Santa Fe County: Granted summary judgment in favor of the Plaintiff, allowing foreclosure to proceed.
Parties' Submissions
- Plaintiff (Bank): Argued that the Defendant signed a valid promissory note, received a loan, and failed to repay it. The Plaintiff contended that there were no genuine issues of material fact, justifying summary judgment.
- Defendant: Claimed that the district court lacked jurisdiction, the promissory note was a forgery, and his signature created the money, making him the creditor. He also alleged bias by the district court and argued that he was a sovereign individual.
Legal Issues
- Did the district court have personal and subject matter jurisdiction over the Defendant?
- Was the promissory note valid and enforceable?
- Were the Defendant’s claims of forgery and sovereignty legally valid?
- Was the district court biased against the Defendant?
Disposition
- The Court of Appeals affirmed the district court’s grant of summary judgment in favor of the Plaintiff.
Reasons
Per Vigil J. (Robles and Vanzi JJ. concurring):
- The Court held that the Defendant waived any claim of lack of personal jurisdiction by failing to raise it at the beginning of the action. Subject matter jurisdiction was not in question, as the Defendant failed to provide any supporting authority for his claims.
- The Court found that the promissory note was valid and enforceable. The Defendant’s argument that his signature created the money was deemed incomprehensible and without merit. The note clearly established a loan agreement where the Defendant received funds and agreed to repay them.
- The Defendant’s claim of forgery was not preserved for appeal, as it was not raised in the district court. The Court declined to address this issue.
- The Court rejected the Defendant’s allegations of bias, noting that adverse rulings do not constitute evidence of prejudice. The record showed no evidence of improper conduct by the district court.
- The Defendant’s arguments regarding sovereignty and his status as the creditor were dismissed as incomprehensible and legally baseless. The Court emphasized that even sovereign individuals are bound by loan agreements they enter into.
- The Court concluded that there were no genuine issues of material fact, and the district court properly granted summary judgment.
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