STATE OF NEW MEXICO
COUNTY OF SANDOVAL
THIRTEENTH JUDICIAL DISTRICT COURT
NO. D-1329-CV-2014-01001
KIRTLAND FEDERAL CREDIT UNION,
Plaintiff,
v.
DAVID L. VAN WAGNER,THE UNKNOWN SPOUSE, IF ANY, OF DAVID L. VAN WAGNER; SHARON D. VAN WAGNER; THE UNKNOWN SPOUSE, IF ANY, OF SHARON D. VAN WAGNER; 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 Sandoval, State of New Mexico, more particularly described as:
Lot Numbered Twenty Seven (27) In Block Numbered Six (6)
Rolling Hills Portion Of Panorama Heights, As The Same Is
Shown And Designated On The Plat Entitled, “Block 1
Thru 14 And Tract A, AA And BB, Rolling Hills Portion
Of Panorama Heights, Rio Rancho Estates, Town Of Alameda
Grant, Sandoval County, New Mexico”, Filed In The Office
Of The County Clerk Of Sandoval County, New Mexico,
On September 8, 1969 In Rio Rancho Estates Plat Book
Numbered 1, Page 96.
The property may be located at 76 Sienna Court NE, Rio Rancho, NM 87124-2424.
The sale shall commence at 11:30 a.m. on April 8, 2015, at the front entrance to the Thirteenth Judicial District Court House, at 1500 Idalia Rd, Bldg. A, Bernalillo, NM 87004. 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 sight 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 $112,623.77, plus interest from June 19, 2014, at the rate of 5.0% per annum together with late fees of $196.14 accruing thereafter at the rate of $32.69 per month until the home is sold AND $29,918.19, plus interest from June 19, 2014, at the rate of 3.99% per annum, together with late fees of $76,80 accruing thereafter at the rate of $25.60 per month until the home is sold AND an overdrawn escrow for taxes and insurance in the amount of $2,309.20; plus attorney fees in the amount of $2,938.92 and costs incurred by Plaintiff in the amount of $306.84 and expenses of $187.25 for title search, plus interest from February 2, 2015, 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. February 6, 13, 20, 27, 2015
