STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT
No. D-202-CV-2012-07990
CALVIN HYER, JR., ATTORNEY AT LAW P.A., PENSION PLAN,
Plaintiff,
v.
ANNETTE GALLEGOS, a single woman, DEPARTMENT OF THE TREASURY/INTERNAL REVENUE SERVICE, and ANY AND ALL OTHER PERSONS CLAIMING AN INTEREST IN AND TO THE SUBJECT REAL PROPERTY ADVERSE TO
THE PLAINTIFFS.
Defendants.
NOTICE OF SALE
NOTICE IS HEREBY GIVEN that on the 5th day of April, 2013 at the hour of 10 a.m., at the Bernalillo County Courthouse, 400 Lomas Blvd NW, Albuquerque, New Mexico 87102, 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:
Lot numbered Nineteen-A (19-A) in Block Numbered Fifteen (15) Summary Plat of Lots 17, 18, and 19 in Block Numbered Fifteen (15) Tract 3, Unit 3, North Albuquerque Acres, Albuquerque Bernalillo County, New Mexico as the same is shown and designated on the Summary Plat of said Addition, filed in the Office of the County Clerk of Bernalillo County, New Mexico, on June 18, 1975, in Plat B10, Folio 99.
such sale to be held pursuant to and in accordance with the Default Final Judgment and Decree filed in the above entitled cause to foreclose a Mortgage on the 23rd day of January, 2013, wherein the Plaintiff, Calvin Hyer, Jr., Attorney at Law P.A., Pension Plan, was granted a judgment over and against the Defendant Annette Gallegos and over and against the real property and improvements described therein in the total amount of One Hundred and Thirty-Eight Thousand Nine Hundred and Sixty-Two Dollars and 88/100 ($138,962.88), which Judgment is a first mortgage lien encumbrance upon the real property described above, and which amount includes all principal, accrued interest, and late charges due upon the obligation concerned with herein through November 16, 2012, which interest shall continue to accrue upon the Judgment granted herein at the rate specified in the Note previously entered into by and between the parties hereto until paid in full, together with interest thereon, which amounts may be added to said Judgments at the time of the foreclosure sale or reinstatement.
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 and that may be due.
NOTICE IS FURTHER GIVEN that should the Plaintiff, CALVIN HYER, JR. Attorney At Law P.A., Pension Plan bid and/or become the purchaser of said real estate and improvements at the foreclosure sale, it may use any part of its Judgment granted herein as credit against the purchase price, should it be the highest bidder, and the purchaser at the foreclosure sale, shall be entitled to immediate possession of the real property and improvements more particularly described in the Default Final Judgment and Decree entered herein.
NOTICE IS FINALLY GIVEN that the Special Master may continue the Special Master Sale from time to time if necessary without republishing the Notice of Sale so long as the Special Master appears at the designated time scheduled for said Special Master’s Sale and announces the postponement thereof to another specific date.
/s/ Marion Martindale (read and approved)
MARION MARTINDALE
Special Master
(505) 489-4398
HCS Pub. February 15, 22, March 1, 8, 2013
