January 18, 2023

A New Mexico District Judge has today denied Fannie Mae’s motion to reinstate a case which was dismissed for lack of prosecution. The homeowner is represented by Jeff Barnes, Esq., who previously vacated a judgment in favor of FNMA. Although FNMA claimed that it was going to ask the Court to reinstate the case, the Court declined to do so, ruling that FNMA had not demonstrated excusable neglect or good cause for its ignoring the case for an extended period of time without prosecuting it.

FNMA claimed that the delay in prosecution was due to “pending receipt of a client executed Affidavit attesting to the accuracy of the amounts Plaintiff will seek in Judgment.”

New Mexico law permits the dismissal of an action where 180 days pass with no activity. Here, the Court did not dismiss the action for lack of prosecution until 394 days had passed with no activity, which was the period beginning from the date that the Final Judgment was vacated (that being May 10, 2021) to the date that the Court issued its Notice of impending dismissal for lack of prosecution (which was on June 8, 2022).

New Mexico case law requires a party to demonstrate “exceptional circumstances” to support a request for reinstatement of a case after a dismissal for lack of prosecution. Mr. Barnes cited to a case from the Supreme Court of New Mexico which affirmed the denial of a request for reinstatement where there was no significant activity for 1.5 years.

The homeowner was and is represented by Jeff Barnes, Esq. together with local New Mexico counsel Ana Garner, Esq.

Jeff Barnes, Esq.,