My pro se Stewart Title Lawsuit

I am alleging Stewart Title Guaranty Company (STG) committed fraud because they guaranteed the title as clean for some investment land I bought with my IRA money in 2001. I found out years later that another party held a deed for exactly the same piece of property and we have both been paying taxes on the same piece of landfor years - a good deal for the county. In the business, it's called a 'double assessment'.

The cause of the error is likely a mistake somebody (maybe the Valencia County clerk?) made probably in the 1950's if not the 1930's or even before, according to the Valencia County Taxation Department. However, given what a mess the records are before they were computerized, it would be very expensive to determine which owner legally owns the land. And then the person who is found to not legally own the land would lose their entire investment. I submitted a claim (twice!) to Stewart Title but they denied it on a (to me) irrelevant technicality, thus the suit against them to hold them accountable.

However, paying a lawyer to represent me in the lawsuit would probably exceed the worth of the land, so I decided to do the lawsuit myself (pro se) to see if being right is sufficient to get justice, or whether we have a court system wherein the one willing to spend the most money on fees wins. I made good use of the free legal clinics that the courts held once a month.

There also appears to be no precedent for this case, so the case is important for others as well, because it would serve as a precedent for other similar cases. I've heard a lot of land in that area (near Belen NM) has title problems, so this case could be important for them if they have title insurance and the title company attempts to deny a claim.

The district court judge (Judge Mercer) in Los Lunas ruled against me by granting STG's Summary Judgment Motion which requires no facts to be in dispute, but I think she made several legal errors, all in Stewart's favor, so I'm appealing. As of this date (Feb 6, 2021), I am awaiting a decision by the appellate court to rule on whether Judge Mercer's decisions were erroneous and should be overturned. There are lots of issues that are facts in dispute thereby rendering the granting of the summary judgment motion inappropriate.

For details, you can see the documents I submitted to the appellate court. There are of course a lot more files submitted to the district court for the earlier hearing, but the appellate ones will give you enough details to understand the suit. Here are the files:

The next step is either a decision or a hearing by the appellate court, but that could take months to happen. The appellate court took about 8 months to decide that they would even accept the appeal so the actual hearing could take awhile. Here is the file I submitted to the appellate court on which they decided to accept my case. It's called a Docketing Statement that I submitted Oct 21, 2019 so it took almost a year from Docketing statement to my Brief-in-Chief pleading.