No. D-307-CV-2011-00251

By on December 16, 2011

THE STATE OF NEW MEXICO

COUNTY OF DONA ANA

THIRD JUDICIAL DISTRICT

No. D-307-CV-2011-00251

EMC MORTGAGE CORPORATION,                                   Plaintiff,                        

vs.  

RALPH B. PADILLA; LAURIE K. PADILLA; NEW MEXICO DEPARTMENT OF TAXATION AND REVENUE; CAPITAL ONE

BANK (USA) N.A.,

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 2706 Claude Dove Drive, Las Cruces, New Mexico 88011, and more particularly described as follows:

Lot 3 AND THE EAST 4.5 FEET OF LOT 2, Block 3, RIDGECREST ADDITION (AMENDED), in the City of Las Cruces, Dona Ana County, New Mexico, as the same is shown and designated on Plat No. 640, thereof filed for record in the office of the County Clerk of said county on December 30, 1964, and recorded in Book 9, Pages 53-54, Plat Records.

The sale is to begin at 11:45 A.M. on Friday, January 27, 2012, on the front steps of the Second 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 to EMC Mortgage Corporation.

EMC Mortgage Corporation was awarded a Judgment on June 16, 2011, in the principal sum of $112,448.11, plus outstanding interest on the balance through May 4, 2011, in the amount of $14,473.76, plus escrow advance in the sum of $1,495.00, plus recoverable balance in the amount of $407.50, plus late charges of $515.36, plus other fees in the amount of $35.00, plus attorney’s fees in the sum of $900.00 and costs through June 2, 2011 in the sum of $617.37, 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 7.50% 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.  EMC Mortgage Corporation 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. December 16, 23, 30,  January 6, 2011

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