No. D-202-CV-2014-05603

By on October 31, 2015

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
No. D-202-CV-2014-05603
ASHOK K. KAUSHAL and INDU KAUSHAL,
Trustees for ASHOK K. KAUSHAL AND INDU KAUSHAL
REVOCABLE TRUST,
Plaintiffs, vs.
VIJAY AGARWAL aka VIJAY P. AGARWAL and MICHAEL BELL,
Defendants.
NOTICE OF FORECLOSURE SALE
NOTICE IS HEREBY GIVEN that Margaret Lake, Special Master, will on December 4, 2015, at the hour of 9:00 a.m. on the front steps of the Bernalillo County Courthouse in Albuquerque, New Mexico, sell and convey to the highest and best bidder for cash, all the right, title and interest of the parties hereto in and to the following-described real property:
Parcel1:
Lot numbered Nine-A (9-A) in Block numbered Twenty-two Brownewell and Lail’s Highland Addition, being a replat of Lots 7 through 9, the vacated alley and a portion of Lots 4, 5, and 6, Block 22, of said Addition, 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 Janury 4, 2005 in Map Book 2005C, page 3
Parcel2:
Lot numbered Ten (10) in Block numbered Twenty-two (22) of Brownewell and Lail’s Highland Addition, 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 August 3, 1886 in Map Book B2, folio 32.
Parcel3:
Lot numbered Five Hundred Sixty-three (563) of Sandia Heights South, Unit 5, a subdivision in Bernalillo County, New Mexico as the same is shown and designated on said plat, filed in the Office of the County Clerk of Bernalillo County, New Mexico on April 14, 1972 in Plat book D5, folio 4.
Subject only to a mortgage recorded on January 21, 2005 as Document No. 2005010496 and on May 2, 2006 as Document No. 2006073966.
SAID SALE will be made pursuant to the Stipulated Judgment of Foreclosure entered on October 21, 2015, in the above-entitled and numbered cause, which involved an action by Plaintiffs, Ashok K. Kaushal and Indu Kaushal, Trustees for the Ashok K. Kaushal and Indu Kaushal Revocable Trust, to foreclose their mortgage lien in and to the above-described real property; and,
WHEREIN, Plaintiff was adjudged to have a valid and subsisting mortgage lien on said real estate and improvements, which Mortgage was recorded with the County Clerk of Bernalillo County, on March 23, 2010 as Document No. 2010024078, and was granted a money judgment and decree of foreclosure in satisfaction of the same, in the principal amount of $198,848.36 plus interest at the rate 5% per annum from June 2, 2014, until paid, late charges of $4,002.98, attorney’s fees and costs of $8,328.30 plus attorney’s fees and costs incurred after March 31, 2015.
A Partial Satisfaction of Judgment was filed on October 22, 2015 which reflected payments received and interest and attorney’s fees and costs incurred and showing the balance as of October 20, 2015 in the amount of $223,126.65. Interest accrues from October 20, 2015 on $198,848.36 at the rate of 5% per annum and on $24,278.29 at the rate of 8.75% per annum.
THE PROCEEDS of the sale will be applied as follows:
FIRST: To the costs and expenses of sale, including but not limited to, the fee of the Special Master and costs of publication;
SECOND:To the money judgment and foreclosure judgment of Plaintiffs;
THIRD:Proceeds of sale which exceed the above amounts will be paid to the Court Registry to be distributed pursuant to Court Order.
THE SALE will be made to the highest and best bidder for cash or cashier’s check or letter of credit issued by a bank or savings bank whose principal office is located within the State of New Mexico, and payment in full under the letter of credit must be made by 5:00 o’clock p.m. on the date of the sale or the above-described real property will be sold to the next highest bidder. A party hereto may bid in all or a portion of its respective judgment in this action in lieu of cash.
FINAL SALE to the highest and best bidder is subject to a one month right of redemption by the Defendants.
/s/ Margaret Lake
Margaret Lake, Special Master
201 Eubank NE, Suite A-3
Albuquerque, NM 87123
Please direct inquiries to:
Stephen P. Curtis, Esq.
Attorney for Plaintiff
6747 Academy Road NE, Suite D
Albuquerque, NM 87109
(505) 884-9999
HCS Pub. October 30, November 6, 13, 20, 2015

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