STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
No. D-202-CV-2007-05294
DAVID W. GREEN d/b/a ARCHITRACTORS, Plaintiff,
vs.
TROY M. BAILLIO, et al. Defendants.
NOTICE OF SALE ON FORECLOSURE
Notice is given that the real property described below inBernalillo County,New Mexico, will be sold to the highest bidder for cash or certified funds on May 11, 2012, at 1:30 p.m., outside the front entrance to the Bernalillo County Courthouse,400 Lomas Blvd. N.W.,Albuquerque,New Mexico. The sale arises out of a Judgment issued on October 14, 2011 and an Order issued March 9, 2012. The Judgment awarded receivership expenses, statutory liens and equitable liens against the property described below to various parties in the following rank of priority:
1. Expenses of foreclosure sale;
2. Special Master’s fee of $400 plus gross receipts taxes;
3. Receivership expenses of First American Bank as successor to High Desert State Bank in the amount of $24,697.16;
4. Two statutory liens of Albuquerque Bernalillo County Water Utility Authority (“ABCWUA”) in the amount of $539.56 plus 1.5% per month from February 5, 2007 to October 14, 2011; and $852.84 plus 1.5% per month from August 19, 2004 to October 14, 2011;
5. Equitable lien in favor of Plaintiff in the amount of $192,443.73, plus a possible future award of prejudgment interest and gross receipts tax, for a grand total of up to $350,884.33;
6. Equitable lien in favor of First American Bank as successor to High Desert State Bank in the amount of $573,910;
7. Further equitable lien of $33,108 in favor of Plaintiff, plus a possible future award of prejudgment interest and gross receipts tax, for a grand total of up to $60,002.04.
Interest continues to accrue on all liens from October 14, 2011 at the statutory judgment rate of 8.75% per annum to date of sale. The Judgment provides that Albuquerque Bernalillo County Water Utility Authority, Plaintiff, and First American Bank as successor to High Desert State Bank, may bid their Judgments, in part or in entirety, in lieu of cash at the sale. The real property, located inBernalillo County,New Mexico, is more particularly described as follows:
Lots numbered Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (1) Eleven (11) and Twelve (12) in Block numbered Thirty-three (33) of the RAYNOLDS ADDITION to the City of Albuquerque, New Mexico, as the same is shown and designated on the Plat of said Addition, filed in the office of the County Clerk of Bernalillo County, New Mexico on November 24, 1924.
The subject property is commonly known as 1010 Lead SW, 1024 Lead SW, and 508 11th Street SW, Albuquerque, New Mexico.
The purchaser at the foreclosure sale shall take title to the Property free and clear of any and all claims of the parties subject, however, to the following:
A. A nine-month right of redemption;
B. All easements, patents, restrictions, covenants and other items of record (except for the liens specifically set forth above);
C. Any unpaid and owing ad valorem property taxes; and
D. Any municipal liens or assessments.
By: /s/electronically signed by
Mark Styles, Esq.
Hurley, Toevs, Styles, Hamblin & Panter, P.A. (Mark Styles, Esq.)Special Master
4155 Montgomery Blvd NE
Albuquerque,NM 87109-6741
(505) 888-1188
HCS Pub. April 13, 20, 27, May 4, 2012
