No. D-101-CV-2017-02167

By on January 12, 2018

JOE HERRERA, Plaintiff,
THREE TREE MESA, Defendants.
NOTICE OF SALE NOTICE IS HEREBY GIVEN that on February 6, 2018, at the hour of 11:00 AM, the undersigned Special Master, or his designee, will, at the front entrance of the Steve Herrera Judicial Complex, at 225 Montezuma Ave., Santa Fe, NM 87501, sell all of the rights, title, and interests of the above-named Defendants, in and to the hereinafter described real property to the highest bidder for cash. The property to be sold is described as follows: Tract B-2 as shown on plat of survey entitled “A PLAT OF A BOUNDARY RETRACEMENT SURVEY AND TRACT DIVISION PREPARED FOR GEORGE VRTIAK OF LANDS ORIGINALLY PLATTED AS TRACT “B” M. HOXSEY WITHIN (PROJECTED) SECTION 13 T, 16 N., R 93., AND (PROJECTED) SECTION 18 T. 16 N., R. 10 E., N.M.P.M.”, filed for record as Document No. 754, 424 in Plat Book 229 at page 022, records of Santa Fe County, New Mexico., including any improvements, fixtures, and attachments, such as, but not limited to, mobile homes (hereinafter, the “Property”). If there is a conflict between the legal description and the street address, the legal description shall control. The foregoing sale will be made to satisfy a foreclosure judgment rendered by this Court in the above-entitled and numbered cause on December 27, 2017, being an action to foreclose a mortgage on the Property. Plaintiff’s judgment is in the amount of $390,000.00, and the same bears interest at the rate of 4.250% per annum, accruing at the rate of $46.04 per diem. The Court reserves entry of final judgment against Defendants, Three Tree Mesa, LLC for the amount due after foreclosure sale, including interest, costs, and fees as may be assessed by the Court. Plaintiff has the right to bid at the foregoing sale in an amount equal to its judgment, and to submit its bid either verbally or in writing. Plaintiff may apply all or any part of its judgment to the purchase price in lieu of cash. In accordance with the Court’s decree, the proceeds of sale are to be applied first to the costs of sale, including the Special Master’s fees, and then to satisfy the above-described judgment, including interest, with any remaining balance to be paid unto the registry of the Court in order to satisfy any future adjudication of priority lienholders. NOTICE IS FURTHER GIVEN that in the event that the Property is not sooner redeemed, the undersigned Special Master will, as set forth above, offer for sale and sell the Property to the highest bidder for cash or equivalent, for the purpose of satisfying, in the adjudged order of priorities, the judgment and decree of foreclosure described herein, together with any additional costs and attorney’s fees, including the costs of advertisement and publication for the foregoing sale, and, reasonable receiver and Special Master’s fees in an amount to be fixed by the Court. The amount of the judgment due is $390,000.00, plus interest to and including date of sale in the amount of $16,575.00, for a total judgment of $406,575.00. The foregoing sale may be postponed and rescheduled at the discretion of the Special Master, and is subject to all taxes, utility liens and other restrictions and easements of record, and subject to a one (1) month right of redemption held by the Defendants upon entry of an order approving sale and subject to the entry of an order of the Court approving the terms and conditions of sale. Witness my hand this 10th day of November, 2017.
/s/ Dena Hunt
Special Master
PO Box 28101,
Santa Fe, NM 87592
Telephone: (844) 500-8549 Facsimile: (970) 251-9101 E-mail: HCS Pub: January 12, 19, 26, February 2, 2018

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