No. D-721-CV-2011-00033

By on August 26, 2011

THE STATE OF NEW MEXICO

COUNTY OF SIERRA

SEVENTH JUDICIAL DISTRICT

No. D-721-CV-2011-00033

FLAGSTAR BANK FSB,                      

Plaintiff,                          

vs.                                          

SCOTT EVERSOLE and MELO EVERSOLE, husband and wife; ABC Corporations I-X, XYZ Partnerships I-X, John Does I-X and Jane Does I-X, THE UNKNOWN HEIRS AND DEVISEES OF ANY OF THE ABOVE, IF DECEASED,    

Defendants.                                                                                                                                           

NOTICE OF SALE ON FORECLOSURE

PLEASE TAKE NOTICE that the above-entitled Court, having appointed me or my designee as Special Master in this matter with the power to sell, has ordered me to sell the real property (the “Property”) situated in 804 Grape Street, Truth or Consequences, New Mexico, 87901 commonly known as , and more particularly described as follows:

LOTS ELEVEN (11) AND TWELVE (12), BLOCK SEVEN (7), ORIGINAL HOT SPRINGS TOWNSITE, TRUTH OR CONSEQUBNCES, (FORMERLY HOT SPRINGS) SIERRA COUNTY, NEW MEXICO, AS SHOWN ON PLAT OF SURVEY BY SENN & ASSOCIATES PROFESSIONAL LAND SURVEYING, DATED OCTOBER 19, 2006, FILED FOR RECORD IN THE OFFICE OF THE SIERRA COUNTY CLERK, OCTOBER 23, 2006, IN PLAT OF SURVEY BOOK 1, PAGE 4839.

The sale is to begin at 10:00 a.m. on September 23, 2011, on the front steps of the Seventh Judicial District Courthouse, City of Truth or Consequences, County of Sierra, State of New Mexico, at which time I will sell to the highest and best bidder for cash in lawful currency of the United States of America, the Property to pay expenses of sale, and to satisfy the Judgment granted FLAGSTAR BANK FSB.

FLAGSTAR BANK FSB was awarded a Judgment on August 3, 2011, in the principal sum of $115,880.51, plus outstanding interest on the balance through August 1, 2011, in the amount of $7,435.68, plus late charges of $473.74, plus  escrow overdraft balance in the amount of $1,946.85, plus overdrawn unapplied balance in the amount of $98.00, plus prorated earned mortgage insurance balance in the amount of $47.06, plus attorneys fees in the sum of $1,135.00 and costs through August 1, 2011 in the sum of $1,072.00, with interest on the Judgment including late charges, property preservation fees, escrow advances, attorney’s fees and costs of this suit at the rate of 5.50% per annum from date of the entry of the Judgment until paid.

NOTICE IS FURTHER GIVEN that the real property and improvements concerned with herein will be sold subject to any and all patent reservations, easements, all recorded and unrecorded liens not foreclosed herein, and all recorded and unrecorded special assessments and taxes that may be due.  FLAGSTAR BANK FSB and its attorneys disclaim all responsibility for, and the purchaser at the sale takes the property subject to, 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, if any, environmental contamination on the property, if any, and zoning violations concerning the property, if any.

NOTICE IS FURTHER GIVEN that the purchaser at such sale shall take title to the above described real property subject to a one (1) month right of redemption.

PROSPECTIVE PURCHASERS ATSALEARE ADVISED TO MAKE THEIR OWN EXAMINATION OF THE TITLE AND THE CONDITION OF THE PROPERTY AND TO CONSULT THEIR OWN ATTORNEY BEFORE BIDDING.

By: Faisal Sukhyani, Special Master

925 Luna Circle, Suite 2

Albuquerque,NM87102

(505) 980-9866

HCS Pub. August 26, September 2, 9, 16, 2011

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