No. D-202-CV-2011-05779

By on May 25, 2012

THE STATE OF NEW MEXICO

COUNTY OF BERNALILLO

SECOND JUDICIAL DISTRICT

No. D-202-CV-2011-05779

FLAGSTAR BANK, FSB,

And US NEW MEXICO FEDERAL

CREDIT UNION, A FEDERALLY

CHARTERED UNION                            Plaintiff,                         

vs.          

THERESA GARCIA, an unmarried woman; ANY

AND ALL OTHER UNKNOWN PERSONS CLAIMING AN INTEREST IN AND TO THE SUBJECT REAL PROPERTY ADVERSE TO THE THIRD PARTY PLAINTIFF THIRD PARTY DEFENDANTS.

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 Bernalillo County, New Mexico, commonly known as 10809 Fairbanks Road Northeast, Albuquerque, NM 87112, and more particularly described as follows:

LOT NUMBERED THIRTY-FIVE (35) IN BLOCK NUMBERED SIXTY-NINE (69) OF BLOCKS 43 TO 88 INCLUSIVE, OF SNOW HEIGHTS, AN 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 4, 1953.

Hereinafter referred to as the “Subject Real Property.”

The sale is to begin at 9:30 A.M., on June 19, 2012 on the front steps of the Second Judicial District Court, City of Albuquerque, County of Bernalillo, 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 Subject Real Property to pay expenses of sale, and to satisfy the Judgment granted Flagstar Bank, FSB.

Flagstar Bank, FSB was awarded a Judgment on April 23, 2012, in the principal sum of $112,444.95, plus outstanding interest on the balance through April 23, 2012, in the amount of $9,711.38, plus late charges of $430.50, plus escrow advance in the amount of $3,115.98, plus Pro Rata MIP/PMI in the amount of $219.51, plus recoverable balance in the amount of $2,362.76, plus total-fees billed in the amount of $55.00, plus other fees due in the amount of $30.00,  plus attorneys fees in the sum of $1,100.00 and costs through March 15, 2012 in the sum of $730.60, 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 6.125% per annum from date of the entry of the Judgment total in the amount of  $130,200.68, until paid. The amount of such interest to the date of the sale will be $1,245.38.

US New Mexico Federal Credit Union (“USNMFCU”) was also awarded  a judgment on April 23, 2012, foreclosing its mortgage against the Subject Real Property and any and all other persons claiming an interest in and to the Subject Real Property adverse to it in the total amount of 59,140.43 as of March 13,2012, which judgment is on a valid mortgage lien encumbrance, Junior only to Flagstar Bank, FSB, plus additional awarded interest at the rate of $9.80 per day (7.50% per annum), from March 13,2012 to the date of the dale in the amount of 960.40, additional awarded attorneys fees incurred from March 13,2012 to the date of the sale, the Special Master’s fee, costs of publication of the sale and any amounts which may be incurred to,

Preserve or conserve the Subject Real Property and improvements thereon, including but not limited to, any amounts paid on any prior mortgage encumbering the Subject Real Property from March 13, 2012 to the date of sale. USNMFCU has the right to bid second to Plaintiff Flagstar Bank, FSB, all or any part of the judgment awarded herein, provided that the bid of Flagstar Bank, FSB must be paid in cash, and USNMFCU may apply same as a credit to its bid.

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, USNMFCU and their 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. May 25, June 1, 8, 15, 2012

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