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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO No. 1:18-cv-00344 PJK SCY WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST III, Plaintiff, v. ANTHONY MARTINEZ, GLORENE L. MARTINEZ A/K/A GLORENE L. GARRISON, BANK OF THE WEST, and DESERT RIDGE TRAILS HOMEOWNERS ASSOCIATION, INC., 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: Lot numbered Forty-three (43) in Block numbered Eight (8) of DESERT RIDGE TRAILS SUBDIVISION, UNIT 2, an Addition to the City of 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 January 2, 2003, in Plat Book 2003C, folio 2, including any improvements, fixtures, and attachments, such as, but not limited to, mobile homes. The property address is: 9115 Silverwood Dr. NE, Albuquerque, NM 87113. The sale will commence at 9:30 A.M. on November 15, 2018, at the front entrance to the Pete V. Domenici U.S. Courthouse; United States District Court for the District of New Mexico, 333 Lomas Blvd. 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 Default Judgment on Foreclosure Claims (the "Order" or "Judgment"), filed in this cause. This sale may be postponed and rescheduled at the discretion of the Special Master. Plaintiff was awarded Judgment against the Defendants, in the principal balance of $289,529.25, plus interest accruing on said amount at the rate of 4.5% per annum through and including July 20, 2018, in the amount of $43,031.28, and thereafter accruing at the rate of $36.83 per day, plus loan fees, late charges, and negative escrow balances through July 20, 2018, in the amount of $24,783.81. That judgment amount totals $357,344.34 through the date of July 20, 2018, plus an additional $36.83 per day in interest from the date of July 21, 2018, forward. 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 costs and expenses of the Special Master and other foreclosure fees; Second, Plaintiff's attorney's fees in the amount of $3,373.35 through the date of filing Plaintiff's Motion for Default Judgment, plus costs, plus another $1,000 in fees plus tax as outlined in Plaintiff's Motion for Default Judgment and supporting affidavits for additional attorney's fees and taxes on those fees through the date of final judgment; Third, amounts paid by Plaintiff for title commitments, expenses, costs of this action and any tax, assessments or costs which are or may be due under the terms of the note and mortgages; Fourth, the amount due to Plaintiff for the principal and interest due on the Note attached to its Complaint as well as the Mortgage attached to said Complaint through the date of Plaintiff's Judgment, plus interest on the total amount of Plaintiff's Judgment from the date thereof until paid; and Fifth, to the Defendants Anthony Martinez and Glorene L. Martinez a/k/a Glorene L. Garrison, the former owners of the Property, according to their interest in it. 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 the rights of redemption, which is one (1) month from the date of entry of an Order by the Court approving the sale. /s/ Michael E. Kusher Michael E. Kushner, Esq. Special Master P.O. Box 35487 Albuquerque, NM 87176- 5487 (505) 254-8332 mekush@flash.net Journal: October 4, 11, 18, 25, 2018 Left-red    Print Legal   Email-red   Published on: Thu October 11, 2018