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STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT No. D-202-CV-2018-01520 CALVIN HYER, JR. and DARLENE J. HYER, Husband and Wife, Plaintiffs, vs. SOUTHWEST GROUP CONSULTANTS, LLC, BLUE MOUNTAIN CONTRACTORS, LLC, and STATE OF NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS, Defendants. NOTICE OF SALE ON FORECLOSURE NOTICE IS HEREBY GIVEN that the undersigned Special Master will offer for sale and sell to the highest bidder for cash the real property commonly described as 6 Antique Road, Albuquerque, Bernalillo County, New Mexico 87123, more particularly described as follows: Lot lettered "D-3", of SOUTHWEST HOMES ESTATES, Unit No 1, as the same is shown and designated on the Amended Replat of Tract D, filed in the Office of the County Clerk of Bernalillo County, New Mexico on June 13, 1974, in Vol. B9, folio 141. If there is any discrepancy between the street address and the legal description, the legal description shall control.The sale shall commence at 11:30 o'clock a.m. on Thursday, November 29, 2018 at the front steps of the Bernalillo County District Courthouse, 400 Lomas Blvd. NW, Albuquerque, New Mexico. The property will be sold to the highest bidder for cash. For purposes of this sale, "cash" shall mean (1) cash on hand, (2) other immediately available funds such as bank cashiers checks, 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. NOTICE IS FURTHER GIVEN that the purchaser at such sale shall take title to the Property subject to (I) a one month right of redemption; (ii) accrued and unpaid ad valorem taxes, if any, owed on the Property, and (iii) any recorded or unrecorded liens or claims not foreclosed in the above-captioned case. NOTICE IS FURTHER GIVEN that Plaintiffs, their attorneys, and the Special Master make no representations and disclaim all responsibility for condition of the Property and any environmental, zoning, access, title, accuracy of legal description, location of boundaries, or other issues involving the Property. PROSPECTIVE PURCHASERS AT THE SALE ARE ADVISED TO MAKE THEIR OWN EXAMINATION OF THE TITLE AND THE CONDITION OF THE PROPERTY, LEGAL ACCESS, LOCATION OF BOUNDARIES, AND ENVIRONMENTAL CONDITIONS AND TO OBTAIN INDEPENDENT LEGAL ADVICE BEFORE BIDDING. NOTICE IS FURTHER GIVEN that the proceeds of sale will be applied as follows: first, to all costs and expenses of sale, including the Special Master's fee and costs; second, to pay the judgment awarded to Plaintiffs by that certain Partial Default Judgment , Decree of Foreclosure, Order of Sale and Appointment of Special Master entered in the above-captioned case on October 25, 2018 (the "Judgment"), and third, the surplus, if any, to be deposited with the Court registry pending further order of the Court. The balance due under the Judgment is $55,283.02 plus interest accruing on the principal Note balance of $49,917.46 at the rate of 9.00% per annum from February 16, 2018, plus attorneys' fees of $1,500.00 and costs of $461.79. The total due under the Judgment including interest to the date of sale will be $60,765.02, and Plaintiffs may seek an award of their additional attorney fees and costs incurred through sale, plus any additional sums which may be advanced to preserve the Property. NOTICE IS FINALLY GIVEN that Plaintiffs may bid and purchase the Property at the foreclosure sale and may apply all or a portion of their Judgment as cash toward the purchase price. /s/ Patricia M. Monaghan PATRICIA M. MONAGHAN Attorney at Law Special Master 1212 Pennsylvania St. NE Albuquerque, NM 87110 Tel. (505) 328-1061 Journal: November 1, 8, 15, 22, 2018 Left-red    Print Legal   Email-red   Published on: Thu November 08, 2018