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THIRTEENTH JUDICIAL DISTRICT COURT COUNTY OF SANDOVAL STATE OF NEW MEXICO No. D-1329-CV-2012-00967 MYBANK, a state banking corporation, Plaintiff, v. HOMES BY MARIE, INC., MARIE E. BLEA, JAMES R. BLEA and STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT Defendants. NOTICE OF SPECIAL MASTER'S SALE NOTICE IS HEREBY GIVEN to the above-named Defendants, and all others interested, that the undersigned Special Master will, on Friday, March 1, 2013, at 10:00 a.m., at the main entrance of the Sandoval County District Courthouse at1500 Idalia Rd., Building A, Bernalillo, New Mexico 87004, offer for sale, sell and convey all the right, title and interest in and to two separate descriptions of real property ("Count I Subject Real Property" and "Count II Subject Real Property") described below of Defendants to the highest bidder, for cash as provided in the JUDGMENT RESULTING FROM PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FOR DEBT AND MONEY DUE AND TO FORECLOSE MORTGAGES (NON-RESIDENTIAL) ("Judgment"). The Count I Subject Real Property and the Count II Subject Real Property, as described below, will each be sold separately by Count to the highest bidder for cash and lawful currency of the United States of America and may be sold by lot or en masse as to each Count. In payment of a bid, the Special Master will accept only cash or a bank cashier's check issued by a federally chartered and insured bank or a New Mexico State chartered and federally insured bank, or a savings and loan association. The bid accepted by the Special Master will be accepted contingent upon payment in full no later than 4:00 p.m. on the date of the Special Master Sale. All other bids will be held open until such time as the Special Master receives payment in full. In the event that the highest bidder fails to make payment in full in a timely manner, the Special Master reserves the right to accept the bid of the second highest bidder. The Count I Subject Real Property is located in Sandoval County, and is more particularly described as follows: LOT NUMBERED NINE (9) IN BLOCK NUMBERED FOUR (4), OF TIERRA DE CORRALES, AS THE SAME IS SHOWN AND DESIGNATED ON THE PLAT ENTITLED, "TIERRA DE CORRALES A VACATION AND SUBDIVISION OF PROPERTY, WITHIN PROJECTED SECTIONS 15, 16, 22 AND 21, TOWNSHIP 12 NORTH, RANGE 3 EAST, NEW MEXICO PRINCIPAL MERIDIAN, TOWN OF ALAMEDA GRANT, VILLAGE OF CORRALES, SANDOVAL COUNTY, NEW MEXICO, SEPTEMBER, 2004", FILED IN THE OFFICE OF THE COUNTY CLERK OF SANDOVAL COUNTY, NEW MEXICO, ON NOVEMBER 16, 2004 IN VOLUME 3, FOLIO 2474. More commonly known as vacant land located Lot 9, Block 4 Tierra de Corrales, located in Corrales, Sandoval County, New Mexico 87048. The Count II Subject Real Property is located in Sandoval County, and is more particularly described as follows: LOT NUMBERED SEVEN (7) OF SAN PEDRO OVERLOOK, PHASE 1, AS THE SAME IS SHOWN AND DESIGNATED ON THE PLAT FILED IN THE OFFICE OF THE COUNTY CLERK OF SANDOVAL COUNTY, NEW MEXICO ON AUGUST 28, 2002. More commonly known as vacant land located at Lot 7 Turquoise Court, Sandia Park, New Mexico 87047. The above-captioned action was brought in two Counts to foreclose a mortgage on Count I Subject Real Property and to foreclose a mortgage on Count II Subject Real Property wherein Plaintiff was adjudicated to have a prior and valid lien in Count I against the Count I Subject Real Property for which it received a Judgment in the total amount of $116,071.75 as of January 28, 2013, plus interest from January 29, 2013 at the rate of 18% per annum ($47.3909 per day) until paid, and a valid lien in Count II against the Count II Subject Real Property for which it received a Judgment in the total amount of $198,511.69 as of January 28, 2013, plus interest from January 29, 2013 at the rate of 18% per annum ($80.6997 per day) until paid. Both Judgments for Count I and Count II also awarded additional costs and attorneys' fees that may be incurred by Plaintiff through the date of the Special Master's Sale scheduled herein, plus all payments, costs and expenses through the date of said Special Master's Sale paid or to be paid by the Plaintiff and/or the Special Master incident to the administration, supervision, preservation and protection of the Subject Real Property, plus the cost and expenses of conducting the sale and cost of publication. The Count I Subject Real Property and Count II Subject Real Property will be sold separately, and the Plaintiff may apply all, or any part of its Count I Judgment as to Count I Subject Real Property for its bid at such Sale for Count I Subject Real Property in lieu of cash, and the Plaintiff may apply all, or any part of its Count II Judgment as to Count II Subject Real Property for its bid at such Sale for Count II Subject Real Property in lieu of cash. The proceeds of each Sale shall be applied to each of the following until satisfied, in the order stated: COUNT I -SUBJECT REAL PROPERTY 1. First, to the payment of the costs and expenses of the Sale. 2. Second, to the Plaintiff's Count I Judgment as to Count I Subject Real Property . 3. Third, thereafter as may be directed by the Court, provided however, the Count I Subject Real Property shall be sold subject to any lien arising under N.M.S.A. 1978, Section 7-38-47 (2003) for ad valorem real property taxes. COUNT II - SUBJECT REAL Property 1. First, to the payment of the costs and expenses of the Sale. 2. Second, to the Plaintiff's Count II Judgment as to Count II Subject Real Property. 3. Third, thereafter as may be directed by the Court, provided however, the Count II Subject Real Property shall be sold subject to any lien arising under N.M.S.A. 1978, Section 7-38-47 (2003) for ad valorem real property taxes. At the date and time stated above, the Special Master may postpone the Sales to such later date and time as the Special Master may specify. NOTICE IS FURTHER GIVEN that the Count I Subject Real Property and Count II Subject Real Property 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. NOTICE IS FURTHER GIVEN that the Purchaser at such Sales shall take title to the Count I Subject Real Property and Count II Subject Real Property subject to rights of redemption, which is one (1) month from the confirmation of the Sale of the Count I Subject Real Property and Count II Subject Real Property. NOTICE IS FURTHER GIVEN that the Count I Subject Real Property and Count II Subject Real Property will be sold AS IS, WHERE IS and without representation or warranty of any kind or nature. Without limiting the foregoing, there is no warranty relating to title, possession, quiet enjoyment or the like in this Sale. NOTICE IS FURTHER GIVEN that the sales described in this Notice is subject to the terms of the Judgment. /s/ Scott Oliver, Esq. Scott Oliver, Esq., Special Master Myers, Oliver & Price, P.C. 1401 Central Ave. N.W. Albuquerque, NM 87104 (505) 247-9080 Inquiries Should Be Directed To: J. Kerwin Hollowwa SPANN, HOLLOWWA & ARTLEY Attorney for Plaintiff P. O. Box 1031 Albuquerque, NM 87103 (505) 243-3525 Journal: February 4, 11, 18, 25, 2013 Left-red    Print Legal   Email-red   Published on: Mon February 04, 2013