No. CV-2011-06732

By on January 20, 2012




No. CV-2011-06732

THOMAS G. RICE, P.C.,                      



ESTHER GARCIA                                 



NOTICE IS HEREBY GIVEN that on February 15, 2012 at the hour of 9:30 a.m. at the entrance of the Bernalillo County District Courthouse, Albuquerque, New Mexico, the undersigned, as the court appointed Special Master, will offer for sale and sell to the highest bidder or bidders, for cash, the following described real estate situated in Bernalillo County, State of New Mexico, to-wit.

The Easterly portion of Lot numbered Thirteen (13) in Block numbered Two (2) of POPLAR ACRES, a Suburban Subdivision West of Albuquerque, New Mexico, as the same is shown and designated on the Map of said subdivision filed in the office of the County Clerk of Bernalillo County, New Mexico, on March 3, 1931, which is described by Survey made by Ross-Beyer Engineering Office in May, 1946, as follows:

BEGINNING at the Northeast corner, which is the Northeast corner of said Lot 13 as shown and designated on the Plat of Poplar Acres filed in the office of theCountyClerkofBernalillo County,New Mexico, on the 3d day of March, 1931;

RUNNING from said beginning point S. 4 deg. 38’ West along the Easterly line of said Lot 1.3, 273.5 feet to the Southeast corner, which is the Southeast corner ofLot13;

Thence, N. 85 deg. 15’ West along the Southerly line of said lot 13, 99 feet to the Southwest corner of the portion herein described; Thence, N. 5 deg. 38’ East, 171.71 feet to a point; Thence, N. 4 deg 38’ East, parallel with and 96 feet Westerly from the Easterly line of said lot 13, 102 feet to the Northwest corner of the portion herein described; Thence S. 85 deg. 22’ East along the Northerly line of said Lot 13 and Southerly line of a public street known as Poplar Lane, 96 feet to the place of beginning.

The common address of the property is2004 Poplar Lane SW,Albuquerque,NM87105

Such sale to be held pursuant to and in accordance with the Order Granting Summary Judgment and Decree of Foreclosure against Defendant Esther Garcia filed on December 21, 2011 in the above-entitled cause to foreclose a mortgage, wherein it was adjudged that the Defendant Garcia is duly indebted to the Plaintiff, Thomas G. Rice, P.C., in the amount of $33,634.44.  Which includes all of Plaintiff’s reasonable attorneys’ fees, taxes and costs as of the date of Judgment, but does not include payments, costs and expenses paid or to be paid by the Plaintiff and/or the Special Master incident to the administration, supervision, preservation and protection of said real property and improvement, plus the costs and expenses of conducting the sale and costs of publication.  The per diem rate of interest from date of judgment is $8.54.

NOTICE IS FURTHER GIVEN that the real property and improvements will be sold subject to a first mortgage lien of GMAC Mortgage in the amount of approximately $20,000.00, 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.

NOTICE IS FINALLY GIVEN that should the Plaintiff, Thomas G. Rice, P.C. become the Purchaser of said real estate and improvements at the foreclosure sale, that they may use any part of the judgment granted herein as credit against the purchase price should they be the highest bidder.

s/Neils L. Thompson                                           Neils L. Thompson                                               Special Master

6001 Indian School Road NE, Suite 160                                                            Albuquerque,NM 87110                       (505) 883-1313

HCS Pub. January 20, 27, February 3, 10, 2012

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