NO. D-202-CV-2016-06522

By on November 3, 2017

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
NO. D-202-CV-2016-06522
KIRTLAND FEDERAL CREDIT UNION,
Plaintiff,
v.
RANDALL T. APOSTALON; THE UNKNOWN SPOUSE, IF ANY, OF RANDALL T. APOSTALON; CAPITAL ONE BANK; MIDLAND CREDIT MANAGEMENT, INC.; STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT; JOHN DOE and JANE DOE,
Defendants.
NOTICE OF SALE ON FORECLOSURE
NOTICE IS HEREBY GIVEN that the above-entitled Court, having appointed the undersigned as Special Master in this matter with the power to sell, has ordered the Special Master to sell the below described real property, situated in the County of Bernalillo, State of New Mexico, more particularly described as:
Lot Numbered Eight (8) in Block Numbered One Hundred and Twenty Two (122) of the Plat of Blocks 88B to 129 inclusive, of SNOW HEIGHTS, an Addition to the City of Albuquerque, 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 December 21, 1953.
The property may be located at 1800 Carol Street NE, Albuquerque, NM 87112.
The sale shall commence at 11:30 on November 29, 2017, at the front entrance to the Second Judicial District Court House, at 400 Lomas NW, Albuquerque, NM 87102. The property will be sold “As Is” to the highest bidder for cash. The property will be sold subject to any and all unpaid taxes and to any liens and assessments not otherwise foreclosed upon herein. Interested bidders should undertake to make their own determination as to the status of title.
The sale may be postponed and rescheduled at the Special Master’s discretion. Prospective purchasers at the sale are advised to make their own examination of the title and the condition of the property and further to consult their own attorney before bidding.
For purposes of this sale, “cash” shall mean (1) cash on hand, (2) other immediately available funds, including, but not limited to, bank cashiers checks, or (3) an irrevocable letter of credit payable at site issued by a financial institution acceptable to and 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 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.
NOTICE IS FURTHER GIVEN that the proceeds of sale will be applied as follows: first, to all costs and expenses of sale, including the Special Master’s fee and costs; second, to the judgment awarded to Plaintiff in the amount of $61,691.86, plus interest from July 25, 2017, at the rate of 4.25% per annum; plus attorney fees in the amount of $1,100.00 and costs incurred by Plaintiff in the amount of $666.78, plus interest from October 25, 2017, at the rate of 8.75% per annum; third, in such manner as the Court may determine by order entered after the sale.
NOTICE IS FINALLY GIVEN that Plaintiff may bid and purchase the property at the foreclosure sale and may apply all or a portion of its judgment as cash toward the purchase price.
Respectfully submitted:
“Electronically filed”
By: s/Michael Kushner, attorney at law
MICHAEL KUSHNER
Special Master
P.O. Box 35487
Albuquerque, NM 87176-5487
(505) 254-8332
HCS Pub November 3, 10, 17, 24, 2017

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