SECOND JUDICIAL DISTRICT COURT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
No. D-202-CV-2019-03129
MPL, LLC, a New Mexico limited liability company,
THOMAS LENZER, INDIVIDUALLY, AND
JOHN LEWINGER, AS SPECIAL ADMINISTRATOR
OF THE JOINT AND SUCCEEDING ESTATES OF
PATRICIA D. LENZER and MARTIN LENZER,
Deceased (Cause No. D-202-PB-2018-00203),
Plaintiffs,
v.
JACK L. STONE (deceased) AND LILLIAN STONE (deceased),
(HUSBAND & WIFE); THE UNKNOWN HEIRS AND
SUCCESSORS OF JACK L. STONE, IF ANY; THE UNKNOWN
HEIRS AND SUCCESSORS OF LILLIAN STONE, IF ANY;
McCALEB, NUSBAUM & THOMAS, INC., A DEFUNCT
OKLAHOMA CORPORATION; AND ALL UNKNOWN
CLAIMANTS IN INTEREST IN THE PREMISES ADVERSE
TO PLAINTIFFS.
Defendants.
NOTICE OF SUIT
TO THE FOLLOWING NAMED DEFENDANTS(S): Jack L. Stone and Lillian Stone and their unknown heirs and successors; and McCaleb, Nusbaum & Thomas, Inc.; formerly an Oklahoma corporation and its unknown successors, if any; and all unknown claimants in interest adverse to Plaintiffs.
You are hereby notified that a civil action has been filed against you in the District Court of Bernalillo County, Second Judicial District Court, New Mexico, by Plaintiffs MPL, LLC, a New Mexico limited liability company, Thomas Lenzer, Individually, and John Lewinger, as Special Administrator of the Joint and Succeeding Estates of Patricia D. Lenzer and Martin Lenzer, Deceased (Cause No. D-202-PB-2018-00203). Plaintiffs pray entry of an Order establishing MPL, LLC as a two-thirds undivided owner and Thomas Lenzer a one-third undivided owner, in fee simple of real property located in Bernalillo county, New Mexico and that the interest of the Defendants, and each of them, and all persons claiming under or through them and all other persons bound by these proceedings be barred and forever estopped from having any claim or lien upon or any right, title or interest in or to said real estate adverse to the Plaintiffs, MPL, LLC, Thomas Lenzer and John Lewinger as Special Administrator and that the tile of said Plaintiffs be established in fee simple and be forever quieted, and/or that a Special Master or any proper person pursuant to §47-1-12 NMSA (1978 Comp.), as amended, be appointed to execute and record a replacement Warranty Deed from Jack L. Stone and Lillian Stone (both deceased) as grantors to McCaleb, Nusbaum & Thomas, Inc., grantee, to substitute for the original Warranty Deed which was lost or misplaced, transferring the subject property from Jack L. Stone and Lillian Stone to McCaleb, Nusbaum & Thomas, Inc., quieting title in Thomas Lenzer, one-third (1/3) undivided interest, and MPL, LLC, two-thirds (2/3) undivided interest, or in the alternative to establish ownership by adverse possession, and for such other and further relief as the Court may deem just and proper.
The Plaintiffs seek to quiet title on residential real estate at 720 Tramway NE, Albuquerque, New Mexico (herein the “Property”). A complete legal description is included in this Notice. The Stones were the original owners and sold the Property to McCaleb, Nusbaum & Thomas, Inc. on a real estate contract in 1977. The warranty deed from the Stones to McCaleb was lost and never recorded. Patricia D. Lenzer, Martin Lenzer and Thomas Lenzer bought the Property and Martin Lenzer and Patricia D. Lenzer transferred their interest to their limited liability company, MPL, LLC. Title companies have refused to issue title insurance due to the missing deed. As a result, the Plaintiffs filed this quiet title suit to obtain good title and to obtain title insurance.
The Property is located in the Sandia Heights South Subdivision as shown in the Plat filed with the Bernalillo County Clerk on April 2, 1976.
The Property involved is real estate located in Bernalillo County, New Mexico, and more particularly described as:
Area numbered Two (2) and Garage Area numbered Two-A (2-A) of Tract numbered Two (2), of Sandia Heights South, Unit No. 7, as the same is shown and designated on the Summary Plat thereof filed in the Office of the County Clerk of Bernalillo County, New Mexico, on April 2, 1976.
SUBJECT TO: Reservations, restrictions, easements of record and taxes for the year 1976 and all subsequent years thereafter.
You are further notified that unless you enter or cause to be entered your appearance or file responsive pleadings or motions in said cause on or before 8/23/2019, judgment will be rendered in said cause against you and each of you by default, and the relief prayed for will be granted. This Notice is provided but not limited to §47-11-12 and §47-11-10 NMSA (1978 Comp.), as amended.
The name of the attorney for the Plaintiffs is Louis Puccini, Jr., of Robert D. Gorman, P.A., 1201 Lomas Blvd. NW, Suite A, Albuquerque, New Mexico, 87102, Telephone (505) 243-5442.
WITNESS the Honorable Nancy J. Franchini, District Judge of the Second Judicial District Court of the State of New Mexico, and the Seal of the District Court of Bernalillo County this 7/5/2019 day of July, 2019.
JAMES A. NOEL
CLERK OF THE DISTRICT COURT
By: /s/ Cathy Chavez, Deputy
HCS Pub. July 12, 19, 26, 2019
