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STATE OF NEW MEXICO COUNTY OF SANDOVAL THIRTEENTH JUDICIAL DISTRICT COURT No. D-1329-CV-2008-1448 HSBC MORTGAGE SERVICES INC., Plaintiff, vs. BILLY F. SMITH AND AMBER N. KUZIOR SMITH F/K/A AMBER N. KUZIOR, Defendants. NOTICE OF SALE Notice is hereby given that on January 6, 2009, at the hour of 9:30 am the undersigned Special Master, or his designee, will, at the front entrance of the Sandoval County Judicial Complex, at 1500 Idalia Rd., Bldg. A, Bernalillo, NM 87004, sell all of the rights, title and interest of the above-named Defendants, in and to the hereinafter described real estate to the highest bidder for cash. The property to be sold is located at 4700 La Cantora Ct. SE, Rio Rancho, New Mexico 87124, (if there is a conflict between the legal description and the street address, the legal description shall control) and is more particularly described as follows: Lot Fifty Eight (58), Block Fourteen (14), Corrales Heights, Sandoval County, State of New Mexico, as shown on the Official Plat recorded July 18, 1969 in Plat Book 1, Page 94, Real Property Records of Sandoval County, New Mexico, including any improvements, fixtures, and attachments, such as, but not limited to, mobile homes. Subject to all taxes, utility liens and other restrictions and easements of record, and subject to a one (1) month right of redemption by the Defendants upon entry of an order approving sale. The foregoing sale will be made to satisfy a foreclosure judgment rendered by this Court in the above-entitled and numbered cause on December 4, 2008, being an action to foreclose a mortgage on the above-described property. The Plaintiff's judgment is $228,169.41, and the same bears interest at the variable rate of 7.9990%, which accrues at the rate of $50.00 per diem, commencing on November 1, 2008, with the Court reserving entry of final judgment against said Defendants Billy F. Smith and Amber N. Kuzior Smith for the amount due after foreclosure sale, for costs and attorney's fees, plus interest as may be assessed by the Court. The Plaintiff has the right to bid at such sale all of its judgment amount and submit its bid verbally or in writing. The Plaintiff may apply all or any part of its judgment to the purchase price in lieu of cash. The sale may be postponed and rescheduled at the discretion of the Special Master. The Court's decree, having duly appointed its Special Master to advertise and immediately offer for sale the subject real estate and to apply the proceeds of sale, first to the costs of sale and the Special Master's fees, then to pay the above-described judgment, interest, and costs of sale, and to pay unto the registry of the Court any balance remaining to satisfy future adjudication of priority mortgage holders; NOW, THEREFORE, notice is hereby given that in the event that said property is not sooner redeemed, the undersigned will as set forth above, offer for sale and sell to the highest bidder for cash or equivalent, the lands and improvements described above for the purpose of satisfying, in the adjudged order of priorities, the judgment described herein and decree of foreclosure together with any additional costs and attorney's fees, costs of advertisement and publication, a reasonable receiver and Special Master's fee to be fixed by the Court. The total amount of the judgment due is $228,169.41, plus interest to and including date of sale of $3,350.00 for a total judgment plus interest of $231,519.41. Sale is subject to the entry of an order of the Court approving the terms and conditions of this sale. SEAN GARRETT, Special Master 7430 Washington NE Albuquerque, NM 87109 Telephone: 505-254-7767 E-mail: sale@littledranttel.com Journal: December 13, 20, 27, 2008, January 3, 2009 Left-red    Print Legal   Email-red   Published on: Sat January 03, 2009