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STATE OF NEW MEXICO COUNTY OF VALENCIA THIRTEENTH JUDICIAL DISTRICT COURT No. D-1314-CV-2015-00548 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE FOR MORTGAGE ASSETS MANAGEMENT SERIES I TRUST, Plaintiff, vs. UNKNOWN HEIRS, DEVISEES OR LEGATEES OF EVELYN J. HAMPTON, DECEASED, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, AND NORWEST MORTGAGE, INC., Defendants. NOTICE OF SUIT TO: Unknown Heirs, Devisees or Legatees of Evelyn J. Hampton, Deceased You are hereby notified that a civil action has been filed against you in the District Court of Valencia County, New Mexico, by Plaintiff, BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE FOR MORTGAGE ASSETS MANAGEMENT SERIES I TRUST, in which Plaintiff prays for the foreclosure and quiet title of all interests in the real estate and improvements located at 5005 Lawrence Drive Los Lunas, New Mexico, 87031, in Valencia County, New Mexico. The property which secured the original mortgage was originally transferred by a Warranty Deed dated August 28, 1972, recorded on August 29, 1972, in Book 236, Page 292 in the records of Valencia County and a Warranty Deed dated April 23, 1974, in Book 248, Page 5959 in the records of Valencia County, and more particularly described as follows: Tract A A certain tract of land in Valencia County, New Mexico, comprising a portion of Lot A, Block 5 of Mid-Valley Air Park Subdivision, as portion of Tract 1-h and a portion of Tract 1-i. Map 80 and as shown on Map 82 of the survey of the MRGCD being within the Nicolas Duran de Chavez Grant and within Sec. 9, T 6 N, R 2 E of the NMPM and BOUNDED as follows: On the north by land of Jack Wood; on the east by land of Jack Wood and by the Belen Riverside Drain; on the south by land of Jack Wood; on the west by the future extension of Lawrence Drive, now land of Jack Wood, the tract being more particularly described as follows: Beginning at the northwest corner of the tract, whence the southwest corner of Lot A, Block 5 of the Mid-Valley Air Park, a subdivision bears S 21 deg. 44' W 6.10 feet distant and running as follows: Thence S 66 deg. 14' 13" E 135.86 feet to the northeast corner; Thence S 24 deg. 40' 10" W 76.60 fee to a point; Thence S 68 deg. 36' 19" E 53.65 feet to a point; Thence S 35 deg. 11' 00" W 78.00 feet to a point; Thence N 66 deg. 10' 33" W 43.30 feet to a point; Thence S 25 deg. 41' 20" W 82.19 feet to a point; Thence N 65 deg. 58' 39" W 8.35 feet to a point; Thence S 24 deg. 18' 21" W 12.71 feet to the southeast corner; Thence N 66 deg. 22' 38" W 117.85 feet to the southwest corner; Thence N 20 deg. 37' 35" E 155.31 feet to a point; Thence N 28 deg. 50' 52" E 91.17 feet to the northwest corner and the point of beginning and containing 0.844 acre. Tract B A certain tract of land in Valencia County, N. M., comprising a portion of Tract 1-h and a portion of Tract 1-I, as such tracts are shown on Map 80 of the surveys of the M.R.G.C.D. being within the Nicolas Duran de Chavez Grant and within Sec. 9, T 6 N, R 2 E of the NMPM and BOUNDED as follows: On the north by land of Jack Wood; on the east by land of Jack Wood and by the Belen Riverside Drain; on the south by land of Jack Wood; on the west by the future extension of Lawrence Drive, now land of Jack Wood, the tract being more particularly described as follows: BEGINNING at the northeast corner of the tract whence the southeast corner of Lot A, Block 5 of Mid Valley Air Park bears N 32 deg. 04' 29" E 76.03 feet distant and running as follows: Thence N 68 deg. 36' 19" W 5.75 feet to the northwest corner; Thence S 35 deg. 11' W 78.00 feet to a point; Thence N 65 deg. 10' 33" W 43.30 feet to a point; Thence S 25 deg. 41' 20" W 82.19 feet to a point; Thence N 65 deg. 58' 39" W 8.35 feet to a point; Thence S 24 deg. 18' 21" W 12.71 feet to the southwest corner; Thence S 66 deg. 22' 38" E 50.70 feet to the southeast corner; Thence N 32 deg. 04' 29" E 173.16 feet to the northeast corner and the point of beginning and containing 0.121 acre, including any improvements, fixtures, and attachments, such as, but not limited to, mobile homes and specifically, an airplane hanger located partially on both Tracts A and B. If there is a conflict between the legal description and the street address, the legal description shall control. You are further notified that Plaintiff prays that the legal description contained in the Plaintiff's mortgage be reformed and quieted to include both Tracts A and B. and that the Notice of Suit issued on November 5, 2015, the In Rem Default Judgment filed on May 19, 2016, and the Notice of Sale filed on June 22, 2016 and be reformed to include the correct legal description of Tracts A and B, as set forth above. Plaintiff should be authorized and directed to submit the Order Confirming Sale and Special Master's Report (No Deficiency Sought) using the corrected legal description for review of the court and for judgment as to Defendants after service and briefing has expired. The Special Master should also be authorized and directed to execute, record and deliver to the foreclosure sale purchaser, Federal National Mortgage Association, a Corrected Special Master's Deed containing the corrected legal description. You are further notified that unless you enter or cause to be entered your appearance or file responsive pleadings or motions in said cause within thirty (30) days of the third consecutive publication of this Notice of Suit, judgment will be rendered against each Defendant by default, and the relief prayed for by Plaintiff will be granted. The name of the counsel for Plaintiff, BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE FOR MORTGAGE ASSETS MANAGEMENT SERIES I TRUST, is Rose L. Brand & Associates, P.C., 7430 Washington Street, NE, Albuquerque, New Mexico 87109, Telephone: (505) 833-3036. BY ORDER OF The Honorable James Lawrence Sanchez, District Judge of the Thirteenth Judicial District Court of the State of New Mexico, and the Seal of the District Court of Valencia County, entered on April 23rd, 2019. Date: 4/24/2019 By: Jane Yarbrough CLERK OF THE COURT Journal: May 8, 15, 22, 2019 Left-red    Print Legal   Email-red   Published on: Wed May 15, 2019