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STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT Case No. D-202-CV- 2019-00334 WILMINGTON SAVINGS FUND SOCIETY, FSB, AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V-C, Plaintiff, v. MICHELLE PRESSER, SECRETARY OF HOUSING AND URBAN DEVELOPMENT AND ANDERSON HEIGHTS MASTER 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 FIVE-A (5-A) IN BLOCK NUMBERED THIRTY (30) OF CORRECTION PLAT OF ANDERSON HEIGHTS UNIT 5A, WITHIN THE TOWN OF ATRISCO GARNT, PROJECTED SECTIONS 5 AND 8, TOWNSHIP 9 NORTH, RANGE 2 EAST, NMPM, CITY OF ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO, AS THE SAME IS SHOWN AND DESIGNATED ON SAID PLAT, FILED IN THE OFFICE OF THE COUNTY CLERK OF BERNALILLO COUNTY, NEW MEXICO ON AUGUST 31, 2007, IN PLAT BOOK 2007C, PAGE 243, AS DOCUMENT NO. 2007126477. including any improvements, fixtures, and attachments, such as, but not limited to, mobile homes. The property address is 10640 Grayware Road SW, Albuquerque, New Mexico, 87121. Please note that there is a typographical error in the legal description from the Mortgage with the word "GRANT" being misspelled as "GARNT" which will be corrected in the special master's deed issued to the winning bidder. The sale will commence at 10:00 A.M. on December 17, 2020, at the front entrance to the Bernalillo County District Courthouse, 400 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 Order Granting Plaintiff's Motion to Enforce Settlement Agreement to Foreclose on Property and Motion for Default Judgment Against Lienholder (filed November 17, 2020) (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 Defendant, in the principal balance of $141,291.50, plus interest accruing on said amount through and including February 27, 2020, in the amount of $2,883.90 pursuant to the applicable rate, and thereafter accruing at the rate of $19.36 per day, plus late charges in the amount of $136.70 and estimated payoff charges from the servicer in the amount of $120.00 through February 27, 2020. That judgment amount totals $144,432.10 through the date of February 27, 2020, plus ongoing interest as described above from the date of February 28, 2020 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, 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 mortgages; Third, to the amount due to Plaintiff for the principal and interest due on the Note and Mortgage attached to its Complaint as well as the mortgage attached to said Complaint through the date of Judgment, plus interest on the total amount of Plaintiff's Judgment from the date thereof until paid; Fourth, to the amount due to any junior lienholders, according to their respective priority to such funds; and Fifth, to Defendant Michelle Presser, the former owner of the Property, according to her 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 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 Telephone: (505) 318-0300 Email: sales@nsi.legal Journal: November 21, 28, December 5, 12, 2020 Left-red    Print Legal   Email-red   Published on: Sat November 21, 2020