STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
Case No. D-202-CV-2020-02150
A.J. COMMERCIAL REAL ESTATE, INC.,
a New Mexico corporation,
Plaintiff,
v.
JAMES A. MUNGLE; STATE OF MEXICO,
DEPARTMENT OF TAXATION AND REVENUE;
UNITED STATES OF AMERICA, INTERNAL
REVENUE SERVICE; and DOES 1 through 10, Inclusive,
Defendants.
NOTICE OF SALE BY SPECIAL MASTER
NOTICE IS HEREBY GIVEN that the above-entitled Court has appointed the undersigned Special Master in this cause, to conduct a foreclosure sale of the real estate in the County of Bernalillo, State of New Mexico, described as follows:
Lots numbered Eleven (11) and Twelve (12) in Block numbered Nineteen (19) of Raynolds Addition, 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 November 24, 1924,
including any improvements, fixtures, and attachments. The property address is: 924 Silver Ave. SW, Albuquerque, New Mexico 87102.
The sale will commence at 11:25 a.m. on October 15, 2020, at the front entrance to the Bernalillo County District Courthouse, 400 Lomas NW, Albuquerque, New Mexico, 87102. The property will be sold to the highest bidder for cash and the sale will be made pursuant to the In Rem Stipulated Judgment, Decree of Foreclosure, Order of Sale and Appointment of Special Master, filed in this cause. This sale may be postponed and rescheduled at the discretion of the Special Master.
Plaintiff was awarded in rem Judgment against the Defendant James Mungle, in the principal balance of $137,805.77, plus accrued interest of $42,299.12, as of December 3, 2019, plus additional interest accruing thereafter at the rate of 8.00% per annum ($30.62 per day). Plaintiff has also obtained an in rem award of attorney fees, including gross receipts thereon, in the amount of $5,708.75, as of June 30, 2020; and costs in the amount of $235.45 as of June 30, 2020.
For purposes of this sale, “cash” shall mean (1) cash on hand, (2) other immediately available funds, including, but not limited to a bank cashier’s check(s), or (3) an irrevocable letter of credit payable at sight, issued by a financial institution 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 the 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.
Plaintiff may apply all or any part of its judgment to the purchase price of the real estate, in lieu of cash.
NOTICE IS FURTHER GIVEN that the proceeds of the sale will be applied as follows: FIRST, to the payment of the costs and expenses of conducting the sale, including the Special Master’s fee, plus costs and expenses of the Special Master and the cost of publication, and the expenses, if any, that may be incident to the conservation, preservation and maintenance of the real estate and improvements involved in this cause of action; SECOND, to the payment of the in rem Judgment entered in favor of Plaintiff, plus any additional interest accruing, and any additional costs and attorney’s fees (including taxes on those fees) incurred, to the date of sale; THIRD, to the Defendant State of New Mexico, Taxation and Revenue Department; and FOURTH, to the balance, if any, to the registry of the Court to be applied and disposed of as the Court may thereafter direct.
NOTICE IS FURTHER GIVEN that the property will be sold subject to any patents, reservations, easements, recorded or unrecorded liens not foreclosed in this cause, and any unpaid taxes and other recorded or unrecorded governmental or special assessments that may be due. Plaintiff, its attorneys and the Special Master, disclaim all responsibility for the value of the real estate, and any environmental, zoning or other issues involving the property.
NOTICE IS FURTHER GIVEN that the purchaser of the real estate shall be let into possession of the property upon production of the Special Master’s deed, which will be delivered to the purchaser, from the Special Master, following the approval of the sale by the Court, and the recording of the Special Master’s Deed.
FINALLY, NOTICE IS GIVEN that the purchaser of the property at the Special Master’s sale, will take title subject to any and all rights of redemption.
/s/ Michael E. Kushner
Michael E. Kushner
Special Master
P.O. Box 35487
Albuquerque, NM 87176-5487
(505) 254-8332
[email protected]
HCS Pub. August 28, September 4, 11, 18, 2020
