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STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT No. CV 2008-04369 BANK OF NEW YORK, as Trustee for the Certificateholders of CWALT 2005-06CB, Plaintiff, v. VERNON DINELLI, ROSEMARY DINELLI, COMPASS BANK, JOHN DOE and JANE DOE, (true names unknown), tenants, Defendants. COMPASS BANK, Cross-Plaintiff, v. VERNON DINELLI and ROSEMARY DINELLI, Cross-Defendants. NOTICE OF SALE ON FORECLOSURE NOTICE IS HEREBY GIVEN that the above entitled Court has appointed the undersigned as Special Master in this cause, to conduct a foreclosure sale of the real estate and improvements thereon, situated in the County of Bernalillo, State of New Mexico, more particularly described as: Lot Numbered Seven-A (7-A), Block Numbered Two (2), of St. John's Addition, Albuquerque, 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 February 26, 1966, in Volume C6, Folio 109. The property address is 3809 Bonnie Ann Ct. NE, Albuquerque, New Mexico. The sale shall commence at 10:00 a.m. on Tuesday, January 27, 2009, at the front steps of the Bernalillo County District Courthouse, 400 Lomas N.W., Albuquerque, New Mexico 87102. The property will be sold to the highest bidder for cash, subject to the first mortgage lien of Plaintiff, Bank of New York; and the sale will be made pursuant to the Order for Foreclosure and Sale, filed on December 9, 2008, in this cause. The sale may be postponed and rescheduled at the discretion of the Special Master. Cross-Plaintiff, was awarded a Judgment against the Cross-Defendants, jointly and severally, in the amount of $79,232.29, plus interest of 8.75% from the date of judgment. For purposes of this sale, "cash" shall mean (1) cash on hand, (2) other immediately available funds, including, but not limited to, bank cashiers check(s), 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. Cross-Plaintiff may apply all or any portion of its Judgment to the purchase price in lieu of cash. 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 the Special Master and other foreclosure fees; Second, Cross-Plaintiff's attorney's fees of $6,720.77; Third, Cross-Plaintiff's costs of $167.00 and amounts paid by Cross-Plaintiff for taxes, assessments or costs which are or may be due under the terms of the Note and Mortgage to Cross-Plaintiff; Fourth, the amount of the remaining Judgment of Cross-Plaintiff, as set forth above, and including all accrued interest on the Judgment; and Fifth, the balance, if any, to and junior lienholders or Cross-Defendants, pursuant to further Order of this Court. NOTICE IS FURTHER GIVEN that should the proceeds of the judicial sale be insufficient to pay the full amount of the Judgment of Cross-Plaintiff, and the additional costs set forth herein, that a deficiency Judgment shall be awarded in favor of Cross-Plaintiff and against Cross-Defendants Vernon Dinelli and Rosemary Dinelli, jointly and severally, for which execution shall issue. 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 recorded or unrecorded taxes or special assessments that may be due. Plaintiff, its attorneys and the Special Master, disclaim all responsibility for the value of the property and any environmental or zoning issues involving the property. FINALLY, NOTICE IS GIVEN that the purchaser of the property at the Special Master's sale, will take title subject to any rights of redemption provided by law or the Mortgage which has been foreclosed by the Judgment and Decree, which in case is one (1) month. William F. Aldridge Attorney at Law Special Master 1212 Pennsylvania NE Albuquerque, NM 87110 (505) 266-8787 Journal: January 8, 15, 22, 2009. Left-red    Print Legal   Email-red   Published on: Thu January 15, 2009