NO. CV-2006-07405

By on July 22, 2011

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

SECOND JUDICIAL DISTRICT COURT                                                             

NO. CV-2006-07405

ALBUQUERQUE HOME LOANS, LLC,

a New Mexico limited liability company,

Substituted Plaintiff,

v.

OWYHEE ALLEN, a married person as his sole and

separate property, JANE DOE, True Name Unknown,

spouse of Defendant Owyhee Allen; JOHN DOE and

JANE DOE 1, True Names Unknown, Tenants, Occupiers

Or Possessors, and MICHAEL BENNETT, Trustee of

the Bennett Living Trust,

Defendants.

and

BUSTOS, LLC, a New Mexico limited liability company,

Substituted Defendant/Counterclaimant/

Cross-claimant,

NOTICE OF FORECLOSURE SALE

Notice is hereby given that Alfred M. Sanchez, Esq., Special Master will on August 25, 2011, at 11:30 a.m. at the entrance to the Bernalillo County Courthouse, 400 Lomas NW, Albuquerque, New Mexico 87103, sell and convey to the highest bidder for cash all right, title and interest of the above named Defendants in and to the property located in Bernalillo County, New Mexico, having a common street address of 6308 Edith NE, Albuquerque, New Mexico 87107, and more specifically being as described as:

The sale will be made pursuant to the Amended Supplemental Judgment entered on May 24, 2010, which was a suit to foreclose a Note and Mortgage and three Transcripts of Judgment held by Bennett Living Trust and wherein Bennett Living Trust was adjudged to have a lien against the Property in the sum of $208,095.16, bearing interest at the rate of $50.99 per day from October 20, 2009 plus the amount of the three Transcripts of Judgment as follows: (1) Transcript of Judgment recorded in the Office of the County Clerk of Bernalillo County, New Mexico on November 13, 2001, in Book A27, Page 2207, as Document No. 2001122987, in the original amount of $20,490.25 plus interest accruing from October 15, 2001 at the rate of 20.2% per annum; (2) Transcript of Judgment recorded in the Office of the County Clerk of Bernalillo County, New Mexico on April 1, 2003, in Book A53, Page 2973, as Document No. 2003053882, in the original amount of $7,174.90 plus interest accruing from February 26, 2001 at the rate of 8.75% per annum; (3) Transcript of Judgment recorded in the Office of the County Clerk of Bernalillo County, New Mexico on August 18, 2003, in Book A62, Page 5757, as Document No. 2003146070, in the original amount of $15,518.95 plus interest accruing from October 17, 2001 at the rate of 20.00% per annum, all of which were subsequently assigned to the Bennett Living Trust by Albuquerque Home Loans, LLC plus costs of sale, including reasonable attorney fees, publication and Special Master’s fee and Bennett’s costs expended for taxes an insurance and including the cost to abate the nuisances on the property alleged by the County of Bernalillo.

The expenses of sale and the fee of the Special Master shall be deducted from the sale proceeds before satisfaction of judgment.  Any party bidding its judgment, or any part thereof, may submit its bid to the Special Master, either orally or in writing, prior to or at the sale.  All other bids must be for cash or funds in a form acceptable to the Bennett Living Trust and must be paid by 5:00 p.m. on the day of the sale.  Plaintiff may apply all or any part of its judgment to the purchase price in lieu of cash.  The sale may be postponed and rescheduled at the discretion of the Special Master, Alfred Sanchez.

Robert S. Simon,1415 Park Ave. SW,Albuquerque,N.M.87104, (505) 246-8136 is the attorney for the Bennett Living Trust.  Inquiries regarding this sale may be made to Robert S. Simon.

/s/ Robert S. Simon

Robert S. Simon

1415 Park Ave.SW

Albuquerque,N.M.87104

Tel. (505) 246-8136

E mail rsimon7@aol.com

HCS Pub. July 22, 29, August 5, 12, 2011

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