Details for FIRST JUDICIAL DISTRICT COURT COUNTY OF RIO ARRIBA STATE OF NEW MEXICO VNB ASSETS CORPORATION, A FOREIGN CORPORATION, PLAINTIFF, NO.

Updated

FIRST JUDICIAL

DISTRICT COURT

COUNTY OF

RIO ARRIBA

STATE OF

NEW MEXICO

VNB ASSETS

CORPORATION,

A FOREIGN

CORPORATION,

PLAINTIFF, NO.

D-117-CV-2020-00156

V.

CHRIS M. MARTINEZ AND STATE OF NEW MEXICO TAXATION AND REVENUE

DEPARTMENT,

DEFENDANTS

AMENDED NOTICE OF SPECIAL MASTER'S SALE

NOTICE IS HEREBY GIVEN to the above-named Defendants, and all others interested, that the undersigned Special Master will, on December 17, 2020 at 11:00 a.m., at the main entrance of the Española City Hall at 405 Paseo de Oñate, Española, NM, offer for sale, sell and convey all the right, title and interest in and to the real property and improvements located at 211 Vista del Valle, El Guique, New Mexico ("Subject Real Property") described below of Defendant to the highest bidder, for cash as provided in the DEFAULT JUDGMENT, DECREE OF FORECLOSURE, ORDER OF SALE AND APPOINTMENT OF SPECIAL MASTER ("Judgment") entered on July 22, 2020 in the above-captioned action.

The Subject Real Property, as described below, will be sold to the highest bidder for cash and lawful currency of the United States of America. In payment of a bid, the Special Master will accept only cash or a bank cashier's check issued by a federally chartered and insured bank or a New Mexico State chartered and federally insured bank, or a savings and loan association. The bid accepted by the Special Master will be accepted contingent upon payment in full no later than 4:00 p.m. on the date of the Special Master Sale. All other bids will be held open until such time as the Special Master receives payment in full. In the event that the highest bidder fails to make payment in full in a timely manner, the Special Master reserves the right to accept the bid of the second highest bidder.

The Subject Real Property is located in Rio Arriba County, and is more particularly described as follows:

PARCEL D3-A

A tract or parcel of land, lying within and being a portion of the Black Mesa Grant in projected Section 34, Township 22 North, Range 8 East of the New Mexico Principal Meridian, in the vicinity of El Guique, County of Rio Arriba, State of New Mexico, as delineated on the plat of survey thereof entitled "Plat of Survey - Showing an Exempt Land Division - For Family Transfer for Chris M. Martinez", prepared by Rio Del Oso Surveying, PLS No. 12175, filed for record

September 22, 2009, as Document No. 200906056 in Plat Book No. D1 at Page 128, records of Rio Arriba County, New Mexico.

Said Parcel D3-A, containing 13.225 acres, more or less.

The Subject Real Property is residential real property located on the premises of 211 Vista del Valle, El Guique, New Mexico.

The above-captioned action was to foreclose a Mortgage wherein Plaintiff was adjudicated to have a prior and valid lien against the Subject Real Property for which it received a Judgment in the total amount of $123,976.51 as of July 15, 2020, plus interest from July 16, 2020, at the rate of 8.3% per annum ($23.1991 per diem) until paid, plus additional costs and attorneys’ fees that may be incurred by Plaintiff through the date of the Special Master’s Sale scheduled herein, plus all payments, costs and expenses through the date of said Special Master’s Sale paid or to be paid by the Plaintiff and/or the Special Master incident to the administration, supervision, preservation and protection of the Subject Real Property, plus the cost and expenses of conducting the sale and cost of publication.

The Plaintiff may apply all, or any part of its Judgment for its bid at such Sale in lieu of cash. The proceeds of the Sale shall be applied to each of the following until satisfied, in the order stated:

1. First, to the payment of the costs and expenses of the Sale.

2. Second, to the Plaintiff’s Judgment.

3. Third, thereafter as may be directed by the Court, provided however, the Subject Real Property shall be sold subject to any lien arising under N.M.S.A. 1978, Section 7-38-47 (2003) for ad valorem real property taxes.

At the date and time stated above, the Special Master may postpone the Sale to such later date and time as the Special Master may specify.

NOTICE IS FURTHER GIVEN that the Subject Real Property will be sold subject to any and all patent reservations, easements, all recorded and unrecorded liens not foreclosed herein, and all recorded and unrecorded special assessments and taxes that may be due.

NOTICE IS FURTHER GIVEN that the Purchaser at such Sale shall take title to the Subject Real Property subject to rights of redemption, which is one (1) month from the confirmation of the Sale of the Subject Real Property.

NOTICE IS FURTHER GIVEN that the Subject Real Property will be sold AS IS, WHERE IS and without representation or warranty of any kind or nature. Without limiting the foregoing, there is no warranty relating to title, possession, quiet enjoyment or the like in this Sale.

NOTICE IS FURTHER GIVEN that the sale described in this Notice is subject to the terms of the Judgment.

Submitted Electronically:

/s/ Mark Ish

Mark Ish, Esq., Special Master

Felker, Ish, Ritchie & Geer PA

911 Old Pecos Trail

Santa Fe, NM 87505

(505) 988-4483

Inquiries Should Be Directed To:

J. Kerwin Hollowwa

SPANN, HOLLOWWA & ARTLEY

Attorney for Plaintiff

P. O. Box 1031

Albuquerque, NM 87103

(505) 243-3525

jkhollowwa@shha.net

(Published November 12th, 19th, 26th & December 3rd, 2020)

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