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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO HSBC BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR THE FBR SECURITIZATION TRUST 2005-2 CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-2, 6 Plaintiff-Appellee, v. No. A-1-CA-37432 JULIO MARTINEZ, 9 Defendant-Appellant, and MARY R. MARQUEZ a/k/a MARY RITA MARQUEZ a/k/a MARQUEZ a/k/a RITA MARY MARQUEZ a/k/a RITA M. MARQUEZ a/k/a RITA MARQUEZ; and UNKNOWN TENANTS (real names unknown), 17 Defendants.

18 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Gregory S. Shaffer, District Judge Eraina Marie Edwards Albuquerque, NM for Appellee Julio Martinez Santa Fe, NM Pro Se Appellant 4 MEMORANDUM OPINION VANZI, Chief Judge.

6 {1} Summary dismissal in part and affirmance in part was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary dismissal in part and affirmance in part has been filed and the time for doing so has expired. DISMISSED IN PART AND AFFIRMED IN PART.

10 {2} IT IS SO ORDERED.

11 _______________________________ 12 LINDA M. VANZI, Chief Judge

13 WE CONCUR:

14 ____________________________ JULIE J. VARGAS, Judge

16 ____________________________ JENNIFER L. ATTREP, Judge