SRMOF 2009-1 Trust v. Khalsa

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 SRMOF 2009-1 TRUST, 3 Plaintiff-Appellee, 4 v. NO. 31,786 5 GURUNEIL SINGH KHALSA GOODMAN, 6 JAGAT KHALSA, OCCUPANTS, WHOSE 7 TRUE NAMES ARE UNKNOWN, if any, 8 THE UNKNOWN SPOUSE OF GURUNEIL 9 SINGH KHALSA GOODMAN A/K/A 10 GURUNEIL SINGH KHALSA GOODMAN, 11 if any, and THE UNKNOWN SPOUSE OF 12 JAGAT KHALSA, if any, 13 Defendants-Appellants. 14 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY 15 Sarah M. Singleton, District Judge 16 Castle Stawiarski, LLC 17 Elizabeth Mason 18 Michael Neil 19 Albuquerque, NM 20 for Appellee 21 Guruneil Singh Khalsa Goodman 22 Santa Cruz, NM 23 Jagar Khalsa 24 Espanola, NM 1 Mukhtiar S. Khalsa 2 Santa Cruz, NM 3 Pro Se Appellants 4 MEMORANDUM OPINION 5 VIGIL, Judge. 6 Guruneil Singh Khalsa Goodman (Guruneil), Jagat Khalsa (Jagat), and 7 Mukhtiar S. Khalsa (Mukhtiar), have appealed from the denial of their motion to set 8 aside a default judgment in the underlying foreclosure action. We filed a notice of 9 proposed summary disposition on March 29, 2012. As to Jagat, we proposed to affirm 10 the default judgment; as to Guruneil, we proposed to reverse the default judgment; and 11 as to Mukhtiar, we proposed that he was not a proper party to the appeal. On April 12 20, 2012, Guruneil and Mukhtiar filed a memorandum in support of the proposed 13 summary disposition. No memorandum in opposition has been filed, and the time for 14 doing so has long since passed. 15 Accordingly, for the reasons set forth in the notice of proposed summary 16 disposition, we affirm in part, reverse in part, and remand for further proceedings. 17 IT IS SO ORDERED. 18 _______________________________ 19 MICHAEL E. VIGIL, Judge 2 1 WE CONCUR: 2 _________________________________ 3 MICHAEL D. BUSTAMANTE, Judge 4 _________________________________ 5 JONATHAN B. SUTIN, Judge 3