D-202-CV- 200901108

By on April 22, 2011

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

SECOND JUDICIAL DISTRICT COURT

D-202-CV- 200901108

D’NETTE WOOD,

PLAINTIFF,

V.                                            

COMPASS BANCSHARES INC., d/b/a COMPASS BANK; and GARY MILLHOLLON,

DEFENDANTS.

and

BBVA COMPASS BANK f/k/a

COMPASS BANK,

COUNTERCLAIM/THIRD PARTY PLAINTIFF,

V.

D’NETTE WOOD, PATRICK PENINGTON, FIRST HORIZON HOME LOAN CORP.,

SOUTHWEST PAVING AND GRADING INC.,

PRUDENCE BECKH, and CLIFFDWELLER

PRODUCTION, LLC.,

COUNTERCLAIM DEFENDANT and THIRD PARTY DEFENDANTS.

NOTICE OF SALE

NOTICE IS HEREBY GIVEN that the undersigned Special Master will, on May 25, 2011 at 10:00 a.m., on the front steps of the Bernalillo County District Courthouse, 400 Lomas, NW, Albuquerque, Bernalillo County, New Mexico sell and convey all the right, title and interest of the Plaintiff and the above-named Third Party Defendants in and to the following real property located in Bernalillo County, New Mexico (Sale):

2804 Aloysia, Albuquerque, New Mexico 87104 (“Property”), more particularly described as:

Lot Numbered Thirty-Five P2 (35-P2) of the Replat of Tract lettered “C” of the Bulk Land Plat for Tracts A, B & C, of the GARDENS ON THE RIO GRANDE SUBDIVISION UNIT NO. 1 M.R.G.C.D., Map No. 38, within the Town of Albuquerque Grant, projected Section 13, Township 10 North, Range 2 East N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, as the same are shown and designated on the Plat of said Subdivision, filed in the Office of the County Clerk of Bernalillo County, New Mexico, on May 29, 1999, in the Plat Book 99C, Folio 122.

This Sale is made pursuant to the Stipulated Order of Summary Judgment and Decree of Foreclosure of Mortgages (Judgment) entered in the above-entitled cause of action on April  21, 2011, which was a countersuit by Defendant Compass Bank against Plaintiff to recover judgment on an Equity Optimizer Credit Agreement and Disclosure from Compass Bank dated May 3, 2006 and an Equity Optimizer Credit Agreement July 24, 2006 and a Mortgage by Southwest Paving and Grading, Inc. dated June 6, 2006 against Plaintiff  D’Nette Wood.  The Compass Bank Mortgage covering the Property described above was recorded on June 5, 2006 as Document No. 2006-80691 in Book A118, page 453 in the Records of the County Clerk of Bernalillo County, New Mexico, as modified by the Modification of Mortgage, which was recorded on October 27, 2006 as Document No. 2006-163853 in Book A126, page 3420 in the Records of the County Clerk of Bernalillo County, New Mexico. The Southwest Paving and Grading, Inc. Mortgage was recorded on June 6, 2006 as Document No. 2006081944 in Book A118, page 1705 in the Records of the County of Bernalillo County, New Mexico.  The foregoing Mortgages, held by Third Party Defendant Southwest Paving and Grading, Inc. constitute prior and superior liens against the Property, superior to the rights and interests of Plaintiff and all other Third Party Defendants, other than Southwest Paving and Grading, Inc., or anyone claiming by, through or under them, and to the interests of any parties who may be joined or who may intervene and of all interests of any type recorded after recordation of Compass Bank’s Notice of Lis Pendens filed herein and recorded  in the records of the County Clerk of Bernalillo County, New Mexico.

The Judgment in favor of Southwest Paving and Grading, Inc. against the Property on the lien is for the principal sum of $1,066,000, including principal, interest, late charges, attorneys fees and costs through March 10, 2011, plus post-Judgment interest on said Judgment from March 10, 2011 to the date of the foreclosure sale at the rate of ten percent (10%) per annum, plus all costs of sale and of the publication of this Notice of Sale.  The Judgment further provides that Southwest Paving and Grading, Inc. may recover the costs of the Foreclosure Sale and a Special Master’s fee in the amount of $300.00 plus the cost of publishing this Notice of Sale.  Southwest Paving and Grading, Inc. has the right to bid all or any portion of its Judgment at such sale and submit its bid verbally or in writing.  Southwest Paving and Grading, Inc. may apply all or any part of its Judgment to the purchase price at the sale, in lieu of cash.  The sale may be postponed and rescheduled at the discretion of the Special Master, with additional notice only to those who appear at the date and time originally scheduled for the sale. 

The amounts set forth above do not include property taxes due, or any other tax, fee, assessment, or claim that might constitute a claim on or interest in the Property, except as specified in the Judgment.  Each bidder must establish to that bidder’s satisfaction, the nature of such outstanding claims or interest, and bid accordingly.  Conveyance is subject to the statutory right of redemption in favor of Plaintiff D’Nette Wood for a period of one (1) month following approval of the foreclosure sale, as provided in the Judgment. Conveyance is subject to all easements, reservations and restrictions of record; taxes and governmental assessments; and to any liens or encumbrances not foreclosed in this proceeding, except as specifically provided in the Stipulated Judgment; the valuation of the property by the County Assessor as real or personal property; affixture of any mobile or manufactured home to the land; deactivation of title to a mobile or manufactured home on the property; environmental contamination, if any; and zoning violations concerning the property, if any.  No representation is made as to the validity of the rights of ingress and egress.  Transfer of title to the highest bidder shall be without warranty or representation of any kind.  ALL PROSPECTIVE PURCHASERS AT THE SALE ARE ADVISED TO MAKE THEIR OWN EXAMINATION OF TITLE AND THE CONDITION OF THE PROPERTY AND TO CONSULT THEIR OWN ATTORNEY BEFORE BIDDING.

Bidders other than Southwest Paving and Grading, Inc. must bid and pay all cash at the Sale.  No bid will be accepted without tender of cash or cashier’s check, or without irrevocable and unconditional letter of credit or other documentation demonstrating to the satisfaction of the Special Master the availability of cash to be furnished to the Special Master no later than 5:00 p.m. on the date of Sale.  Failure to timely furnish such cash shall void that bid.                               SPECIAL MASTER                                                /s/ Ross B. Perkal for                            Nickay B. Manning, Esq.                      725 Sierra Vista Road          

Corrales, NM 87048

(505) 977-0148

HCS Pub. April 22, 29, May 6, 13, 2011

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