James P. Eckels
Practice areas: Mr. Eckels’ practice focuses primarily on representing lenders, loan servicers, and other financial services clients in highly contested consumer and commercial finance litigation throughout the Western United States, including Colorado, New Mexico, Utah, Wyoming, Idaho, Nevada, and Montana.
He also devotes a significant portion of his practice to appellate litigation in both state and federal courts and has obtained numerous favorable appellate decisions for his clients, several of which have had a significant impact on the mortgage, banking, and title insurance industries.
Mr. Eckels also has extensive experience representing lenders and other creditors in Chapter 7, Chapter 11, and Chapter 13 bankruptcy cases, adversary proceedings, and appeals to the Tenth Circuit Bankruptcy Appellate Panel and Tenth Circuit Court of Appeals.
Admitted: Colorado, 2009; New Mexico, 2016; U.S. Bankruptcy Court, District of Colorado, 2009; U.S. District Court, District of Colorado, 2009; U.S. Bankruptcy Appellate Panel of the Tenth Circuit, 2009; Tenth Circuit Court of Appeals, 2009; and U.S. District Court, District of New Mexico, 2015.
Law School: University of Colorado Law School, J.D., 2008.
College: Colorado State University, B.A., 2004.
Memberships and Associations: Mortgage Bankers Association; Minoru Yasui Inn of Court; and Colorado and Denver Bar Associations.
Achievements/Biography: Editor-in-Chief, University of Colorado Law Review, Vol. 79; Law Clerk to Hon. Richard L. Gabriel, Colorado Court of Appeals.
Recent Published Decisions:
– Nationstar Mortg. LLC v. O’Malley, 2018 WL 797545, at *1 (N.M. Ct. App. Feb. 6, 2018) (reversing trial court judgment and clarifying New Mexico law concerning the transmutation of community property to separate property under a sole and separate property agreement).
– Davis v. Wells Fargo Bank, N.A., 2017 WL 4516830, at *5 (D. Colo. Oct. 10, 2017) (resolving issue of first impression as to when an installment note is deemed to have been accelerated for statute of limitations purposes under Colorado law).
– Phoenix Funding, LLC v. Aurora Loan Servs., LLC, 2017-NMSC-010, 390 P.3d 174 (clarifying jurisdictional and prudential standing requirements in mortgage foreclosure cases and prerequisites for collaterally attacking judgments in New Mexico).
–Deutsche Bank Nat’l. Trust Co. v. Johnston, 369 P.3d 1046 (N.M. 2016) (leading New Mexico decision in which New Mexico Supreme Court agreed a lender’s purported lack of “standing” in a foreclosure case does not implicate a district court’s subject matter jurisdiction and may be waived if not timely raised).
–Wirth v. Hickenlooper, 2015 WL 5315607 (D. Colo. Aug. 21, 2015), report and recommendation adopted 2015 WL 5258847 (D. Colo. Sept. 10, 2015) (granting motion to dismiss complaint against loan servicer, Nationstar Mortgage, LLC, Colorado Governor John Hickenlooper, and others attacking constitutionality of Colorado’s foreclosure and eviction procedures).
–Spreitzer v. Deutsche Bank Nat’l. Trust Co., 610 F. App’x 737 (10th Cir. 2015) (affirming dismissal of claims against lender for alleged violations of the Fair Debt Collection Practices Act (FDCPA) and other claims with prejudice and denial of leave to amend).
–Schueller v. Wells Fargo & Co., 559 F. App’x 733 (10th Cir. 2014), cert. denied, 135 S. Ct. 275, 190 L. Ed. 2d 203 (2014) (New Mexico matter affirming dismissal of complaint against lender for alleged violations of the Fair Credit Reporting Act (FCRA) and other claims with prejudice and award of attorney’s fees).
Publications: Co-author, Caveat Advocatus: Some Traps for the Unwary in the Colorado Court of Appeals, 44 Colo. Law. 51 (Jan. 2015).
Attorney Registration Number: 40858 (Colorado); 149295 (New Mexico)