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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO Case No: 1:18-cv-346 JCH-JHR WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST III, Plaintiff, v. GREGORY HUTCHINS, in his individual capacity and as personal representative of the Estate of SANDRA J. NEILL, and THE UNKNOWN HEIRS, DEVISEES, OR LEGATEES OF SANDRA J. NEILL, 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 Sandoval, State of New Mexico, described as follows: Lot numbered One Hundred Ninety-five (195) of THE ORCHARD'S UNIT 3, being a replat of Tract 3 of the Orchard's, as the same is shown and designated on the plat thereof, filed in the Office of the County Clerk of Sandoval County, New Mexico, on January 31, 2005, in Vol. 3, Folio 2499B (Book 408, Page 3428, as Document No. 200503428), including any improvements, fixtures, and attachments, such as, but not limited to, mobile homes. The property address is: 929 Purple Aster Drive, Bernalillo, New Mexico 87004. The sale will commence at 11:00 a.m. on July 21, 2020, at the front entrance to the Pete V. Domenici U.S. Courthouse, 333 Lomas Blvd NW, Albuquerque, NM 87102. The property will be sold to the highest bidder for cash and the sale will be made pursuant to the Order Regarding Foreclosure of Real Estate and Authorizing Foreclosure Auction (the "Order" or "Judgment"), filed in this cause. This sale may be postponed and rescheduled at the discretion of the Special Master. The total judgment amount in favor of the Plaintiff is $462,486.46, plus interest at the rate of $42.94 per diem from the date of March 23, 2018, forward. The judgment amount includes the principal balance of $224,833.42, plus interest of $147,746.00 as of March 22, 2018, and thereafter accruing at the rate of $42.94 per day, plus loan fees, late charges, and negative escrow balances through March 22, 2018 in the amount of $89,907.04. 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 cost and expenses of the special master and other foreclosure fees; Second, to 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 mortgage; Third, to the amount due to Plaintiff for the principal and interest due on the Note and Mortgage attached to the Complaint, plus interest on the total amount of Plaintiff's Judgment from the date hereof until paid; and Fourth, to Decedent Sandra J. Neill's legal successor to be determined as necessary by further court order. 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 month from the date of entry of an Order by the Court approving the sale. /s/ David Washburn David Washburn Special Master 8100 Wyoming Blvd. NE Suite M-4, Box 272 Albuquerque, NM 87113 (505) 318-0300 dwashburn@nsi.legal Journal: June 23, 30, July 7, 14, 2020 Left-red    Print Legal   Email-red   Published on: Tue June 30, 2020