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STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT No. D-202-CV-2017-07737 BAYVIEW LOAN SERVICING, LLC, Plaintiff, vs. MARY CONSUELO CHAVEZ A/K/A MARY C. CHAVEZ A/K/A MARY CHAVEZ, IF LIVING, IF DECEASED THE UNKNOWN HEIRS OF MARY C. CHAVEZ, TX COLLECT, CREDIT ACCEPTANCE CORPORATION, AND COMMERCIAL CREDIT CORPORATION, Defendants. NOTICE OF SALE NOTICE IS HEREBY GIVEN that on April 4, 2019, at the hour of 10:00 AM, the undersigned Special Master, or his designee, will, at the front entrance of the Bernalillo County Courthouse, 400 Lomas NW, Albuquerque, NM 87102, at, sell all of the rights, title, and interests of the above-named Defendants, in and to the hereinafter described real property to the highest bidder for cash. The property to be sold is located at 1524 Larkin Road SW, Albuquerque, New Mexico 87105, and is more particularly described as follows: A certain tract of land situate in the Five Points Area, Section 25, T. 10 N., R. 2 E., N.M.P.M., Bernalillo County, New Mexico, being known and designated as Tract 193 A-1A-11 on the Middle Rio Grande Conservancy District Property Map No. 42, also known as Lot "L" on the Plat of Division of Lands of Loyd G. Wily, and being more particularly described as follows; Beginning at the Southwest corner of the original Tract of Loyd G. Wiley, a point on the Easterly line of Gatewood Avenue SW, whence the East 1/4 corner, Section 25, T. 10 N., R. 2 E., N.M.P.M., as shown on the Bernalillo County Survey Sheet No.2, bears N. 54 deg. 46' E., 979.90 feet distant; Thence running along the said Southerly line of said original tract S. 86 deg. 39' E., 260.70 feet to the Southwest corner of the tract described herein: Thence N. 0 deg. 22' E., 100.01 feet to the Northwest corner, a point on the Southerly line of a private road; Thence following said Southerly line of said road S. 85 deg. 53' E., 80.00 feet to the Northeast corner; Thence S. 0 deg. 22' W., 98.74 feet to the Southeast corner; Thence N. 86 deg. 39' W., 80.00 feet to the Southwest corner and the point and place of beginning. Parcel II; A certain tract of Land situate in the Five Points Area, Section 25, T. 10 N., R. 2 E., N.M.P.M., Bernalillo County, New Mexico, being known and designated as Tract 193-A-1A-12 on the Middle Rio Grande Conservancy District Map No. 42, also being known as Tract "L" on the Plat of Division of Lands of Loyd G. Wiley, and being more particularly described as follows; Beginning at the southwest corner of the original Tract of Loyd G. Wiley, a point on the Easterly line of Gatewood Avenue SW, whence the East 1/4 corner, Section 25, T. 10 N., R 2 E., N.M.P.M., as shown on the Bernalillo County survey sheets No. 2 bears N. 54 deg. 48' E., 979.90 feet distant; Thence running along said Southerly line of the original Tract S. 86 deg. 39' E., 180.70 feet to the Southwest corner of the tract herein described; Thence N. 00 deg. 22' E., 101.27 feet to the Northwest corner, a point on the Southerly line of a private road; Thence following the said Southerly line of said road S. 85 deg. 53' E., 80.00 feet to the Northeast corner; Thence S. 00 deg.22' W ., 100.01 feet to the Southeast corner; Thence N. 86 deg. 39' W., 80.00 to the Southwest corner and the point and place of beginning. including any improvements, fixtures, and attachments, such as, but not limited to, mobile homes, (hereinafter the "Property"). If there is a conflict between the legal description and the street address, the legal description shall control. The foregoing sale will be made to satisfy am In Rem foreclosure judgment rendered by this Court in the above-entitled and numbered cause on January 18, 2019, being an action to foreclose a mortgage on the Property. Plaintiff's In Rem judgment is in the amount of $129,227.63 (including the awarded amounts from the Order Granting Plaintiff's Motion for Award of Attorneys' Fees and Costs), and the same bears interest at the rate of 3.875% per annum, accruing at the rate of $13.72 per diem. The Court reserves entry of final In Rem judgment against Defendant, Mary Consuelo Chavez A/K/A Mary C. Chavez A/K/A March Chavez, for the amount due after foreclosure sale, including interest, costs, and fees as may be assessed by the Court. Plaintiff has the right to bid at the foregoing sale in an amount equal to its In Rem judgment, and to submit its bid either verbally or in writing. Plaintiff may apply all or any part of its In Rem judgment to the purchase price in lieu of cash. In accordance with the Court's decree, the proceeds of sale are to be applied first to the costs of sale, including the Special Master's fees, and then to satisfy the above-described In Rem judgment, including interest, with any remaining balance to be paid unto the registry of the Court in order to satisfy any future adjudication of priority lienholders. NOTICE IS FURTHER GIVEN that in the event that the Property is not sooner redeemed, the undersigned Special Master will, as set forth above, offer for sale and sell the Property to the highest bidder for cash or equivalent, for the purpose of satisfying, in the adjudged order of priorities, the In Rem judgment and decree of foreclosure described herein, together with any additional costs and attorney's fees, including the costs of advertisement and publication for the foregoing sale, and, reasonable receiver and Special Master's fees in an amount to be fixed by the Court. The amount of the In Rem judgment due is $129,227.63, plus interest to and including date of sale in the amount of $1,536.64, for a total In Rem judgment of $130,764.27. The foregoing sale may be postponed and rescheduled at the discretion of the Special Master, and is subject to all taxes, utility liens and other restrictions and easements of record, and subject to a one (1) month right of redemption held by the Defendants upon entry of an order approving sale, and subject to the entry of an In Rem order of the Court approving the terms and conditions of sale. Witness my hand this 25th day of February, 2019. /s/ David Washburn DAVID WASHBURN, Special Master 8100 Wyoming Blvd NE Suite M-4, Box 272 Albuquerque, NM 87113 Telephone: (505) 318-0300 E-mail: sales@nsi.legal Journal: March 7, 14, 21, 28, 2018 Left-red    Print Legal   Email-red   Published on: Thu March 14, 2019