No. D-0307-CV-201100224

By on November 11, 2011

THE STATE OF NEW MEXICO

COUNTY OF DONA ANA    

THIRD JUDICIAL DISTRICT

No. D-0307-CV-201100224

FLAGSTAR BANK, FSB,                      Plaintiff,                        

vs.  

WENDY TOW and RICHARD M. TOW,

wife and husband,                                               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 Dona Ana County, New Mexico, commonly known as 3434 Northridge Drive, Las Cruces, NM 88005, and more particularly described as follows:

LOT 86, BLOCK 7, NORTHRIDGE SUBDIVISION, PHASE IIB, IN THE CITY OF LAS CRUCES, DONA ANA COUNTY, NEW MEXICO, AS SHOWN AND DESIGNATED ON THE PLAT THEREOF, FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY ON MARCH 26, 1986, IN BOOK 14 PAGE(S) 166-167 OF PLAT RECORDS.

The sale is to begin at 11:45 a.m. on December 9, 2011, on the front steps of the Third Judicial District Courthouse, City of Las Cruces, County of Dona Ana, 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 October 12, 2011, in the principal sum of $143,545.06, plus outstanding interest on the balance through August 18, 2011, in the amount of $9,578.45, plus late charges of $432.00, plus escrow advance balance in the amount of $1,221.44, plus corporate advance in the sum of $22.50, plus other fees in the sum of $550.00, plus attorneys fees in the sum of $900.00 and costs through August 18, 2011 in the sum of $638.00, 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:                                                           Scott Harenberg, Special Master

925 Luna Circle, Suite 2

Albuquerque,NM87102

(505) 980-9866

HCS Pub. November 11, 18, 25, December 2, 2011

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