STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
No. D-202-CV-2017-06694
DON DWYER,
Plaintiff,
vs.
HIGH DESERT ASSISTED LIVING LLC,
a New Mexico limited liability company,
Defendant
NOTICE OF FORECLOSURE SALE
NOTICE IS HEREBY GIVEN that Scott Oliver, Special Master, will on February 15, 2018, at the hour of 2:00 p.m. on the front steps of the Bernalillo County Courthouse in Albuquerque, New Mexico, sell and convey to the highest and best bidder for cash, all the right, title and interest of the parties hereto in and to the following-described real property:
Lot numbered One (1) in Block Lettered “B” of Monterey Manor Subdivision, an Addition to the City of Albuquerque, Bernalillo County, New Mexico, as the same is shown and designated on the Plat thereof, filed in the office of the County Clerk of Bernalillo County, New Mexico, on March 12, 1964, in Volume D3, Folio 94.
SAID SALE will be made pursuant to the Stipulated Judgment of Foreclosure entered on November 17, 2017, in the above-entitled and numbered cause, which involved an action by Plaintiff, Don Dwyer, to foreclose his mortgage lien in and to the above-described real property; and,
WHEREIN, Plaintiff was adjudged to have a valid and subsisting mortgage lien via deed of trust on said real estate and improvements, which deed of trust was recorded with the County Clerk of Bernalillo County, New Mexico on December 31, 2015, as doc. no. 2015113415, and was granted a money judgment and decree of foreclosure in satisfaction of the same, as follows: Principal, $271,000.00; interest, $9,214.00; unpaid interest, $1,000.00; late fees, $513.00; closeout, $35.00; payoff disbursement, $301.73; subtotal, $282,063.73; plus per diem from September 11, 2017 through November 17, 2017 @ $90.33/day, or $6,052.11; Plaintiff’s attorney fee of $1,000.00; title search, $50.00; filing fee of $132.00; lis pendens, $25.00; interest from judgment through sale date of $8,129.70. Costs and expenses of the sale will be added to the sale price of $296,433.54.
THE PROCEEDS of the sale will be applied as follows:
FIRST: To the costs and expenses of sale, including but not limited to, the fee of the Special Master and costs of publication;
SECOND: To the money judgment and foreclosure judgment of Plaintiffs;
THIRD: Proceeds of sale which exceed the above amounts will be paid to the Court Registry to be distributed pursuant to Court Order.
THE SALE will be made to the highest and best bidder for cash or cashier’s check or letter of credit issued by a bank or savings bank whose principal office is located within the State of New Mexico, and payment in full under the letter of credit must be made by 5:00 o’clock p.m. on the date of the sale or the above-described real property will be sold to the next highest bidder. A party hereto may bid in all or a portion of its respective judgment in this action in lieu of cash.
FINAL SALE to the highest and best bidder is subject to a one month right of redemption by the Defendants.
NOTICE IS FURTHER GIVEN that the real property and improvements concerned with herein will be sold subject to any and all patent reservations, easements, all recorded and unrecorded liens not foreclosed herein, and all recorded and unrecorded special assessments and taxes that may be due. Plaintiff, his attorney and the Special Master disclaim all responsibility for, and the purchaser at the sale takes the property subject to, the valuation of the property by the County Assessor as real or personal property, affixture of any mobile or manufactured home to the land, deactivation of title to a mobile or manufactured home on the property, if any, environmental contamination on the property, if any, and zoning violations concerning the property, if any. CAVEAT EMPTOR.
/s/ Scott Oliver
Scott Oliver, Special Master
2304 Dietz Pl NW
Albuquerque NM 87107
Please direct inquiries to:
Winter Laite, Attorney for Plaintiff
9105 Aspen Ave NE
Albuquerque, NM 87112
(505) 244-1002
HCS Pub. January 5, 12, 19, 26, 2018
