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Larry Montaño

Partner

110 North Guadalupe, Suite 1, Santa Fe, NM 87501

Larry Montaño works closely with clients to achieve optimal outcomes in natural resources litigation, commercial disputes, real property matters, and personal injury/wrongful death cases. He regularly speaks and publishes on these subjects.

Appeals as well as trials: In addition to his trial work, Larry is a Board Member and Former Chairman of the New Mexico State Bar’s Appellate Practice Section and regularly handles appeals before the New Mexico Supreme Court, the New Mexico Court of Appeals, and the U.S. 10th Circuit Court of Appeals.

Mortgage finance litigation. Larry has successfully defended lending and loan servicing clients in mortgage finance litigation matters, both in the trial and appellate courts, brought by borrowers under the Truth in Lending Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Real Estate Settlement Procedures Act, and Unfair Trade Practices statutes.

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Client Results

  • Member of appellate team in case where New Mexico Supreme Court clarified that, in mortgage foreclosure actions, a lender’s “standing” is not jurisdictional, it need not prove prudential standing in its complaint, and completed foreclosure judgments should not be voided for lack of standing. Deutsche Bank Nat’l Trust Co. v. Johnston, 2016-NMSC-013, 369 P.3d 1046. 

  • Lead appellate lawyer in case where New Mexico Supreme Court reversed decisions of New Mexico Court of Appeals and trial court quieting title to mineral estate against energy client. Edwin Smith, LLC v. Synergy Operating, LLC, et al., 2012-NMSC-034, 285 P.3d 656.

  • Lead appellate lawyer in case where New Mexico Court of Appeals affirmed client’s easement by necessity across private property to access 2,000 acres of property deeded to client by Las Vegas Land Grant.  Los Vigiles Land Grant, et al. v. Rebar Haygood Ranch LLC, et al., 2014-NMCA-0017, 2013 N.M. App. Lexis 41.

  • Lead appellate lawyer in case where New Mexico Court of Appeals reversed trial court's decision precluding energy client from recouping its drilling, operation, and supervision costs based on adverse quiet title decision. Edwin Smith, LLC v. Synergy Operating, LLC, et al., 2011-NMCA-003, 247 P.3d 1134 (certiorari granted and ruling reversed on quiet title issue decided against energy client).

  • Member of appellate team in case where New Mexico Supreme Court voided Oil Conservation Commission rule permitting it to directly cite, fine, and punish energy companies. Marbob Energy v. N.M. Oil Conservation Comm’n, 2009-NMSC-13, 206 P.3d 135.

  • Member of appellate team in case where New Mexico Court of Appeals affirmed decision permitting energy client to relocate road necessary to access natural gas wells on surface owner’s property. XTO Energy Inc. v. Armenta, 2008-NMCA-078, 185 P.3d 383.

  • Lead appellate lawyer in case where New Mexico Court of Appeals affirmed client’s summary judgment award in lender liability action. CitiMortgage, Inc. v. Giron, 2010 N.M. App. Unpub. LEXIS 75, N.M. App. February 18, 2010.

  • Member of trial team that obtained final judgment in favor of natural resources client who challenged constitutionality of county’s first-in-the-nation complete ban on hydrocarbon activity by corporations. SWEPI, LP v. Mora County, No. 1:14-CV-00035 JB/SCY, 2015 U.S. Dist. LEXIS 13496 D.N.M. January 19, 2015.

  • Member of trial team in one-week arbitration proceeding on behalf of energy client involving multiple audit disputes with royalty trust.

  • Member of trial team in breach of contract/bad faith claim that settled in second week of jury trial at close of plaintiff’s case for trial costs.

  • Member of trial team in one-week jury trial on behalf of oilfield services client that went to a verdict in oilfield accident case.

  • Lead trial lawyer in oilfield accident case obtaining summary judgment on behalf of tubular services company on products liability and negligence claims.

  • Member of trial team settling brain injury case arising out of oilfield accident without payment from energy client after filing summary judgment motion.

  • Member of trial team settling wrongful death case arising out of industrial accident for less than $5,000 after filing summary judgment motion.

  • Member of trial team in case obtaining summary judgment on behalf of client-physician arising out of medical malpractice claim.

  • Member of appellate team on successful appeal of city council’s denial of energy client’s applications to drill natural gas wells within city limits.

  • Member of team which obtained monetary settlement for pro bono client in civil rights/employment discrimination dispute.

  • Successfully obtained dismissals and summary judgments for lenders in over fifteen cases brought by borrowers asserting claims under the Truth in Lending Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Real Estate Settlement Procedures Act, and the Unfair Trade Practices statutes.

News

Publications

Education

Bar Admissions

Court Admissions

Recognition

  • AV Preeminent rating from Martindale Hubbell, 2014-2016
  • Super Lawyers® Rising Star of the Southwest, 2012, 2013
  • Frederick M. Hart Award, Commercial Law

Professional and Civic Affiliations

  • State Bar of New Mexico, Member
  • Board of Directors, State Bar Appellate Practice Section, 2010-present, Past Chair and Member
  • Holland & Hart Foundation, Santa Fe Chapter, President
  • American Inns of Court, Oliver Seth Chapter, Barrister
  • New Mexico Defense Lawyers Association, Member
  • Pro Bono work for cases in U.S. District Court and New Mexico Court of Appeals 
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