STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
No. D-202-CV-2017-06495
MARIA MOYA PERSONAL REPRESENTATIVE
OF THE ESTATE OF MARY ADELE MARTINEZ,
Deceased,
Plaintiff,
v.
PHILLIP HUBBELL AND UNKNOWN SPOUSE,
THEIR HEIRS, SUCCESSORS AND ASSIGNS;
and UNKNOWN CLAIMANTS
OF INTEREST ADVERSE TO PLAINTIFF,
Defendants.
VERIFIED COMPLAINT TO QUIET TITLE TO REAL ESTATE
COMES NOW the Plaintiff, Maria Moya, Personal Representative of the Estate of Mary Adele Martinez, Deceased, by and through her attorneys, Budagher & Associates (Guy W. Tann, Esq.), and for her Verified Complaint to Quiet Title to Real Estate, does state as follows:
JURISDICTION
1. Maria Moya is a resident of Albuquerque, New Mexico.
2. Mary Adele Martinez (hereinafter the “Decedent”) died on April 25, 2015. The Decedent was a resident of Bernalillo County, New Mexico, at the time of her death.
3. At the date of her death, the Decedent owned real estate in Bernalillo County, New Mexico.
4. On June 29, 2015, Maria Moya was appointed as the Personal Representative of the Decedent’s estate in Cause No. 2015-513 in the Bernalillo County Probate Court.
5. Upon information and belief, Defendant Philip Hubbell was a resident of Bernalillo County, New Mexico but is now presumed deceased.
6. Upon information and belief Defendant Philip Hubbell was married at all times relevant to the present cause of action.
7. Upon information and belief, there exist certain Unknown Claimants of Interest in the Premises Adverse to the Plaintiff.
8. The property which is the subject of this dispute is located in Bernalillo County, New Mexico.
9. This Court has jurisdiction over the subject matter of this dispute.
10. This Court has proper jurisdiction over the persons of this lawsuit.
11. Venue is proper in the Second Judicial District Court.
GENERAL FACTS
12. Plaintiff re-alleges all allegations set forth in Paragraphs 1 through 11 above as if fully restated herein.
13. In or about 1960, Decedent and her husband, Robert M. Martinez, purchased from Defendant Philip Hubbell and Philip Hubbell’s spouse, the following described property in Bernalillo County, New Mexico by General Warranty Deed (hereinafter the “Property”):
The Southern one-half (S ½) of Lot numbered 17-B of the Dora A. Williams First Addition to the City of Albuquerque, New Mexico , as shown on the Plat of said Addition filed for record February 12, 1941, in the records of the Bernalillo County Clerk, Bernalillo County, New Mexico.
14. Upon information and belief, a warranty deed was completed conveying the Property from Defendant Hubbell to Robert Martinez and Mary Adele Martinez, husband and wife as joint tenants but such deed was not recorded with the Bernalillo County Clerk’s Office and has since been lost.
15. The last deed in the chain of title which is of record with the Bernalillo County Clerk’s office is dated June 23, 1958 and shows Mr. & Mrs. Philip Hubbell as owners. See Exhibit A attached hereto.
16. From the time the Property was purchased from Defendants Hubbell, Robert Martinez and Mary Adele Martinez as husband and wife exercised all rights of ownership and possession over the property to the exclusion of all others. Such actions included but were not limited to the constructed of a garage which is situate on the Property and an adjoining property identified as Lot 17A, also owned by Robert Martinez and Mary Adele Martinez. See Exhibit B attached hereto.
17. From the time of purchase to present, Robert Martinez and Mary Adele Martinez have been the assessed owners of the Property and have paid all property taxes associated with the Property. See Exhibit C attached hereto.
18. Upon information and belief, there exist certain Unknown Claimants of Interest that may claim an interest in the Property that is adverse to Plaintiff.
QUIET TITLE
19. Plaintiff re-alleges all allegations set forth in Paragraphs 1 through 23 above as if fully restated herein.
20. Plaintiff is unable to discover the location of Defendant Hubbell, his spouse or their heirs, successor and assigns. Due search and inquiry has been made to ascertain the names, residences, or whereabouts of such claimants, but such information is unknown and cannot be ascertained by Plaintiff and constructive service of process can only be obtained upon them.
21. The names of other possible claimants adverse to Plaintiffs’ aforesaid title and estate are unknown and cannot be ascertained. Plaintiff is credibly informed and believes that there are other persons who may make claims adverse to Plaintiff’s title and estate in and to the Property, and Plaintiff therefore makes all such claimants parties defendant hereto under the style The Unknown Claimants of Interest in the Premises Adverse to Plaintiff. Due search and inquiry has been made to ascertain the names, residences, or whereabouts of such claimants, but such information is unknown and cannot be ascertained by Plaintiff and constructive service of process can only be obtained upon them.
22. Each of the Defendants herein named or designated makes some claim adverse to the estate of Plaintiff in the Property. This action is brought by Plaintiff to quiet title to the Property against the claims of each and all of the Defendants. Any claim or pretension of any estate, right, title, or interest in or to, or lien upon, the Property, or any portion thereof, adverse to the estate of Plaintiff by any of the Defendants herein named or designated, or by any person claiming by, through, or under the Defendants or any of them, is without foundation or right, either in law or equity.
WHEREFORE, the Plaintiff prays for the establishment of fee simple title in and to the Property in the name of Mary Adele Martinez and against the adverse claims of the Defendants, and each of them, and everyone claiming by, through, or under them, be barred and forever estopped from having or claiming any lien upon, or any right, title, or interest in or to the Property adverse to the Estate of Mary Adele Martinez; that the title of Mary Adele Martinez thereto in fee simple be forever quieted and set at rest; that Plaintiff have judgment against any Defendant who may appear other than by disclaimer; that Plaintiff be awarded costs herein; that Plaintiff be permitted to have service by publication on all Defendants upon whom personal service cannot be obtained; and for such other and further relief as the Court deems just and equitable.
Respectfully submitted,
BUDAGHER & ASSOCIATES
Attorneys at Law
By: /s/ Guy W. Tann, Esq.
Guy W. Tann, Esq.
3500 Comanche, NE Suite B
Albuquerque, NM 87107
Phone: (505) 881-9060
Fax: (505) 881-7003
Attorneys for Plaintiff
HCS Pub. September 29, October 6, 13, 2017
