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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38852 BANK OF AMERICA, N.A., Plaintiff-Appellee, v. JEROME T. ROYBAL and AMY J. ROYBAL, Defendants-Appellants.

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Erin B. O’Connell, District Judge Snell & Wilmer L.L.P. Gregory J. Marshall Jeanne Y. Sohn Albuquerque, NM for Appellee Rachel O. Woods Albuquerque, NM for Appellants DECISION BACA, Judge. {1} Defendants, Jerome T. Roybal and Amy J. Roybal, appeal the district court’s order denying Defendants’ motion to vacate the order confirming sale and the special master’s report in this foreclosure proceeding. {2} In any appeal before this Court “it is the appellant’s burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred.” Premier Tr. of Nev., Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10, 482 P.3d 1261. “The presumption upon review favors the correctness of the trial court’s actions. Appellant must affirmatively demonstrate its assertion of error.” Farmers, Inc. v. Dal Mach. & Fabricating, Inc., 1990-NMSC-100, ¶ 8, 111 N.M. 6, 800 P.2d 1063. Further, Rule 12- 318(A)(4) NMRA requires “an argument which, with respect to each issue presented, shall contain . . . citations to authorities, record proper, transcript of proceedings, or exhibits relied on.” And, “[i]t is not our practice to rely on assertions of counsel unaccompanied by support in the record. The mere assertions and arguments of counsel are not evidence.” Chan v. Montoya, 2011-NMCA-072, ¶ 9, 150 NM 44, 256 P.3d 987 (internal quotation marks and citation omitted). {3} Defendants’ brief in chief is deficient in this regard. Apart from general citations to law and a rehashing of the list of notices filed with the Santa Fe County Clerk, Defendants develop no arguments about how the district court erred by denying its motion to vacate. {4} After reviewing the briefing, the authorities cited there, and the record before us, we conclude that Defendants have not established an error on the part of the district court that requires reversal. Accordingly, we affirm the district court’s order denying Defendants’ motion to vacate.

CONCLUSION {5} For the reasons stated above, we affirm. {6} IT IS SO ORDERED.

GERALD E. BACA, Judge WE CONCUR: J. MILES HANISEE, Chief Judge MEGAN P. DUFFY, Judge