NO. D-202-CV-2011-10182

By on May 20, 2013

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
NO. D-202-CV-2011-10182
SANDIA LABORATORY FEDERAL CREDIT UNION,
Plaintiff,
v.
STEVEN M. FRESQUEZ, an unmarried man; THE UNKNOWN SPOUSE, if any
OF STEVEN M. FRESQUEZ; THE CITY OF ALBUQUERQUE;
JOHN DOE and JANE DOE.
Defendants.
AMENDED NOTICE OF SALE ON FORECLOSURE
NOTICE IS HEREBY GIVEN that the above entitled Court, having appointed the undersigned as Special Master in this matter with the power to sell, has ordered the Special Master to sell the below described real property, situated in the County of Bernalillo, State of New Mexico, more particularly described as:
The West One-half (W. 1/2) of Lots numbered Twenty-three (23) and Twenty-four (24) in Block numbered Three (3) of the Mayo and Ross Addition to the City of Albuquerque, New Mexico, as the same is shown and designated on the plat thereof, filed in the office of the County Clerk of Bernalillo County, New Mexico, on July 11, 1923, together with a non-exclusive appurtenant easement as described in Warranty Deed recorded July 22, 1955, as Doc. No. 66597, records of Bernalillo County, New Mexico.
The property is commonly known as 907 1/2 Franciscan Street NE, Albuquerque, NM 87102.
The sale shall commence at 4:55 p.m. on June 20, 2013, at the front entrance to the Second Judicial District Court House, at 400 Lomas NW, Albuquerque, NM 87103. The property will be sold “As Is” to the highest bidder for cash. The property will be sold subject to any and all unpaid taxes and to any liens and assessments not otherwise foreclosed upon herein. Interested bidders should undertake to make their own determination as to the status of title.
For purposes of this sale, “cash” shall mean (1) cash on hand, (2) other immediately available funds, including, but not limited to, bank cashiers checks, or (3) an irrevocable letter of credit payable at sight issued by a financial institution acceptable to and in a form acceptable to the Special Master in an amount not less than the bid amount, delivered to and approved by the Special Master prior to sale.
For purposes of this Sale, the term “immediately available funds” shall refer to those funds that can be delivered to the Special Master within TWENTY-FOUR (24) hours of the acceptance of the bid.
NOTICE IS FURTHER GIVEN that the proceeds of sale will be applied as follows: first, to all costs and expenses of sale, including the Special Master’s fee and costs; second, to the judgment awarded to Plaintiff in the amount of $77,106.21, plus interest from September 15, 2011, at the rate of 4.37% per annum, AND $14,273.83, plus interest from September 15, 2011, at the rate of 4.5% per annum; plus attorney fees in the amount of $3,139.37 and costs incurred by Plaintiff in the amount of $321.59, unpaid taxes in the amount of $410.60, and expenses of $208.65, plus interest from March 26, 2013 at the rate of 8.75% per annum; third, in such manner as the Court may determine by order entered after the sale.
NOTICE IS FINALLY GIVEN that Plaintiff may bid and purchase the property at the foreclosure sale and may apply all or a portion of its judgment as cash toward the purchase price.
Respectfully submitted: “Electronically filed”
By: s/Kathleen Brandt, Attorney at Law
KATHLEEN BRANDT
Special Master
1212 Pennsylvania NE
Albuquerque, NM 87110
(505) 266-8787
HCS Pub. May 17, 24, 31, June 7, 2013

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