No. D-202-CV-2014-01199

By on August 15, 2014

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT
No. D-202-CV-2014-01199
21ST MORTGAGE CORPORATION,
Plaintiff,
vs.
PATRICK R. PERALTA, SS# XXX-XX-3847,
and JENNIFER H. PERALTA,
Defendants.
NOTICE OF SALE
NOTICE is hereby given that on September 18, 2014, at 1:30 p.m., the undersigned Special Master will sell to the highest bidder near the front door of the Second Judicial District Courthouse, at 400 Lomas Blvd., Albuquerque, New Mexico 87102, all Defendants’ interest in the real property located at 4615 San Isidro Street NW, Albuquerque, New Mexico 87107, and more particularly described as:
A CERTAIN TRACT OF LAND SITUATE IN THE ALBUQUERQUE LAND GRANT, CITY OF ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO, AND BEING WITHIN PROJECTED SECTION 31, TOWNSHIP 11 NORTH, RANGE 3 EAST, NEW MEXICO PRINCIPAL MERIDIAN, AND BEING DESIGNATED AS TRACT 176-B-2-B-2 OF THE MIDDLE RIO GRANDE CONSERVANCY DISTRICT MAP NO. 31, AND BEING MORE PARTICULARLY DESCRIBED WITH NEW MEXICO STATE PLANE (NAD 1983) BEARINGS AND GROUND DISTANCES AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED, AND BEING COMMON TO THE NORTHWEST CORNER OF THE PLATS OF LOTS 1 AND 2 OF LANDS OF TORIDIO AND EVA CANDELARIA, 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 JUNE 6, 1996, IN PLAT BOOK 96C, FOLIO 245, WHENCE ALBUQUERQUE CONTROL STATION 14_F13 BEARS NO. 20°43’01” W., A DISTANCE OF 2699.47 FEET;
THENCE FROM SAID POINT OF BEGINNING N. 24°21’37” E., A DISTANCE OF 99.80 FEET TO THE NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S. 67°04’17” E., A DISTANCE OF 103.51 FEET TO THE NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S. 22°55’59” W., A DISTANCE OF 99.79 FEET TO THE SOUTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 67°03’30” W., A DISTANCE OF 105.99 FEET TO THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED AND THE POINT OF BEGINNING.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.”
The sale will satisfy all or a portion of a Default Judgment Against Defendants Patrick R. Peralta and Jennifer H. Peralta, Decree of Foreclosure, Order of Sale, and Appointment of Special Master entered on July 16, 2014, as follows:
A. Judgment in the amount of $139,872.05, with interest continuing to accrue at 9.96% per year from January 29, 2014, forward.
B. Judgment against Defendants removing all their interest in the interest in the subject property and collateral and foreclosing the same.
C. Defendants shall deliver to Plaintiff within five days from the date of entry of this order the 2009 Karsten Model 93SFE27603AM09 Manufactured Home, 60×27 (Serial Numbers NME004120NMAM and MNE004120NMBM) so that Plaintiff may sell it, apply the proceeds to the judgment, and file a partial satisfaction of judgment following the sale.
D. A post-judgment writ of replevin and writ of assistance shall issue, permitting Plaintiff to recover the 2009 Karsten Model 93SFE27603AM09 Manufactured Home, 60×27 (Serial Numbers NME004120NMAM and MNE004120NMBM) and/or the insurance proceeds thereo Plaintiff shall have judgment against Defendants, removing all their interest in the subject property.
The Default Judgment Against Defendants Patrick R. Peralta and Jennifer H. Peralta, Decree of Foreclosure, Order of Sale, and Appointment of Special Master may be obtained from either the court clerk or the undersigned Special Master prior to the sale date. 21st Mortgage Corporation has the right to bid at the sale and to apply its judgment or a portion thereof to the purchase price in lieu of cash. For all other bidders, the sale terms are cash or its equivalent by the close of business on the day of sale. The sale may be postponed and rescheduled at the Special Master’s discretion.
PROSPECTIVE PURCHASERS AT SALE ARE ADVISED TO MAKE THEIR OWN EXAMINATION OF THE TITLE AND THE CONDITION OF THE PROPERTY AND TO CONSULT THEIR OWN ATTORNEY BEFORE BIDDING.
/S/ Edward Little
Special Master
1509 -37th Street SE
Rio Rancho, NM 87124
HCS Pub. August 15, 22, 29, Sept. 5, 2014

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