Kimberly L. Martinez

Represented reputable loan origination company in a seven-day jury trial, resulting in favorable jury verdicts finding no liability for wrongful termination claims filed by several employees for reporting alleged mortgage fraud. Represented several investors and loan servicers in multiple bankruptcy adversary proceedings arising from a complex Ponzi scheme and state court receivership action. Represented loan investor in the New Mexico Court of Appeals and New Mexico Supreme Court, both resulting in affirmance of the lenders standing to enforce its note and lien interest. Standing is a highly contested issue in New Mexico. Represented law firm successfully in a case involving an issue of first impression in Federal District Court under the Federal Fair Debt Collection Practices Act regarding the duty of debt collectors to provide only one validation letter for a single debt in connection with multiple foreclosures. Defended the FDIC successfully in various cases by asserting the statutory special powers defense under the Financial Institutions Reform, Recovery, and Enforcement Act Gordon v. Bank of America, N. A. (In re Gordon) and Zeman v. Pahs (In re Pahs), 471 B. R. 614 (D. Colo. 2012), assisted in drafting successful bankruptcy appellate brief to the United States District Court for the District of Colorado regarding the confirmation of Chapter 13 plans attempting to strip secured liens through the use of non-conforming plan language. The case was affirmed on appeal to the Tenth Circuit.