No. D-202-CV-2014-04646

By on November 13, 2015

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
No. D-202-CV-2014-04646
BARBARA JEAN TORRES,
Plaintiff,
vs.
MOOSE CASH REGISTER, INCORPORATED,
a domestic corporation,
Defendant.
NOTICE OF FORECLOSURE SALE
NOTICE IS HEREBY GIVEN that Scott Oliver, Special Master, will on December 18, 2015, at the hour of 10:30 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:
Lot numbered Six (6) in Block numbered Two (2) of the Inez 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 October 6, 1949 in map Book D, folio 66.
SAID SALE will be made pursuant to the Stipulated Judgment of Foreclosure entered on October 28, 2015, in the above-entitled and numbered cause, which involved an action by Plaintiff, Barbara Jean Torres, to foreclose her 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 October 4, 2011 as Document No. 2011089705, and was granted a money judgment and decree of foreclosure in satisfaction of the same, as follows: $134,800.83 principal; $6,750 unpaid interest pre-litigation; $675.00 unpaid late fees pre-litigation; $20,220.15 accrued interest since complaint was filed; $3,534.64 for Plaintiff’s insurance expenditures; $16,598.06 for Plaintiff’s attorney fees per contract, for a total judgment of $182,578.68. Interest accrues on this amount at the statutory rate of 8.75% until satisfied. Costs and expenses of the sale will be added to the sale price.
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.
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. Plaintiff, her attorney and the Special Master 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. CAVEAT EMPTOR.
/s/ Scott Oliver
Scott Oliver, Special Master
2304 Dietz Pl NW
Albuquerque NM 87107
Please direct inquiries to:
Winter Laite, Attorney for Plaintiff
9105 Aspen Ave NE
Albuquerque, NM 87112
(505) 244-1002
HCS Pub. November 13, 20, 27, December 4, 2015

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