NO. D-202-CV-2015-06294

By on March 11, 2016

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
NO. D-202-CV-2015-06294
MYRA HERRMANN,
Plaintiff,
v.
GARY E. HERRMANN, and if married, his spouse;
UNITED STATES OF AMERICA (IRS);
TAXATION AND REVENUE DEPARTMENT
OF THE STATE OF NEW MEXICO;
PAT KING, and if married, his spouse; and
JOHN DOE AND JANE DOE, (true names unknown),
Defendants.
NOTICE OF SALE BY SPECIAL MASTER
NOTICE IS HEREBY GIVEN that the above-entitled Court has appointed the undersigned Special Master in this cause, to conduct a foreclosure sale of the real estate in the County of Bernalillo, State of New Mexico, described as follows:
Lot numbered Ten (10) in Block numbered Ten (10) of Fred A. Mossman’s Subdivision of Block 10 and the West Half of Block 11 of MESA VILLAGE, a Subdivision, Albuquerque, New Mexico, as the same is shown and designated on the Plat of said Subdivision, filed in the Office of the County Clerk of Bernalillo County, New Mexico, on February 21, 1952, in Plat Book B2, folio 102.
The property address is: 1221 Luthy Cir. NE, Albuquerque, New Mexico 87112.
The sale will commence at 10:00 A.M. on April 14, 2016, at the front entrance to the Bernalillo County District Courthouse, 400 Lomas NW, Albuquerque, New Mexico, 87102. The property will be sold to the highest bidder for cash and the sale will be made pursuant to the Amended Default Judgment, Decree of Foreclosure, Order of Sale and Appointment of Special Master (the “Judgment”), filed in this cause. This sale may be postponed and rescheduled at the discretion of the Special Master.
Plaintiff was awarded Judgment against the Defendants, in the principal balance of $36,652.41, plus interest accrued through December 1, 2015 in the amount of $977.44, plus court costs of $407.27, plus attorney’s fees of $1,771.11, plus interest after December 1, 2015 at the rate of 4.00% per annum. That judgment amount totaled $39,809.23 through the date of December 1, 2015, plus interest thereafter at the rate of 4.00% per annum. A Partial Satisfaction of Judgment was subsequently filed in this cause indicating there remains due and owing the Plaintiff, as of December 23, 2015, a balance of $16,560.76, plus interest accruing at the rate of 4.00% per annum from December 23, 2015.
For purposes of this sale, “cash” shall mean (1) cash on hand, (2) other immediately available funds, including, but not limited to a bank cashier’s check(s), or (3) an irrevocable letter of credit payable at sight, issued by a financial institution 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 the 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.
Plaintiff may apply all or any part of her judgment to the purchase price of the real estate, in lieu of cash.
NOTICE IS FURTHER GIVEN that the proceeds of the sale will be applied as follows: First, costs and expenses of sale including a fee of $250.00 for a Special Master’s fee; Second, to Plaintiff in the amount of her Judgment as described above, plus additional costs (the “Additional Costs”) as follows: any additional attorney’s fees and costs actually expended from the date of the Judgment until the date of the Special Master’s sale, plus those additional amounts, if any, which Plaintiff will be required to pay prior to termination of this action for property taxes and insurance premiums or any other cost of upkeep of the Property of any sort; Third, additional surplus monies, if any, to be distributed in accordance with the further order of the Court.
NOTICE IS FURTHER GIVEN that the property will be sold subject to any patents, reservations, easements, recorded or unrecorded liens not foreclosed in this cause, and any unpaid taxes and other recorded or unrecorded governmental or special assessments that may be due. Plaintiff, its attorneys and the Special Master, disclaim all responsibility for the value of the real estate, and any environmental, zoning or other issues involving the property.
NOTICE IS FURTHER GIVEN that the purchaser of the real estate shall be let into possession of the property upon production of the Special Master’s deed, which will be delivered to the purchaser, from the Special Master, following the approval of the sale by the Court, and the recording of the Special Master’s Deed.
FINALLY, NOTICE IS GIVEN that the purchaser of the property at the Special Master’s sale, will take title subject to the rights of redemption, which is nine (9) months from the date of entry of an Order by the Court approving the sale.
/s/ Michael E. Kushner
Michael E. Kushner
Special Master
P.O. Box 35487
Albuquerque, NM 87176-5487
(505) 254-8332
HCS Pub. March 11, 18, 25, April 1, 2016

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