$273,937.44

Details for STATE OF NEW MEXICO COUNTY OF SANDOVAL THIRTEENTH JUDICIAL DISTRICT COURT

Updated

STATE OF NEW MEXICO COUNTY OF SANDOVAL THIRTEENTH JUDICIAL DISTRICT COURT No. D-1329-CV-2010-01577 THE BANK OF NEW YORK MELLON FORMERLY KNOWN AS THE BANK OF NEW YORK AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-1, Plaintiff, v. PAUL S. HOLT A/K/A PAUL HOLT, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PULTE MORTGAGE, LLC, WILLOW TRACE HOMEOWNERS' ASSOCIATION, INC., AND UNKNOWN TENANT (REAL NAME UNKNOWN), Defendants, NOTICE OF FORECLOSURE SALE NOTICE IS HEREBY GIVEN that on June 18, 2019, at the hour of 10:00 a.m., the undersigned Special Master, Bernadette F. Gutierrez, or her designee, will, inside the confines of the Sandoval County Courthouse in Bernalillo, New Mexico, sell all the right, title and interest of the above-named Defendants in and to the hereinafter described real property, improvements, fixtures, attachments, and personal property to the highest bidder for cash. The property to be sold is that certain real property located at 3416 Lockerbie Drive SE, Rio Rancho, New Mexico, and is situated in Sandoval County, New Mexico, and as more particularly described in the Mortgage recorded with the County Clerk of Sandoval County, New Mexico as follows: LOT NUMBERED NINETEEN (19) IN BLOCK NUMBERED ONE (1) OF THE PLAT FOR WILLOW TRACE SUBDIVISION AT HIGH RESORT, CITY OF RIO RANCHO, SANDOVAL COUNTY, NEW MEXICO, 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 MARCH 19, 2004, IN VOLUME 3, FOLIO 2398-A AND RECORDED IN BOOK 407, PAGE 8063 AS DOCUMENT NO. 200408063, INCLUDING ANY AND ALL IMPROVEMENTS, FIXTURES, AND ATTACHMENTS, AND ANY AND ALL OF THE DEFENDANTS' ABANDONED PERSONAL PROPERTY AS DESCRIBED IN THIS COURT'S IN REM DEFAULT JUDGMENT AND ORDER OF SALE. THE FOREGOING SALE will be made to satisfy the In Rem Default Judgment for Foreclosure and Order of Sale ("Judgment and Order of Sale") rendered by the above-referenced Court in the above-entitled and numbered cause on August 5, 2014, in favor of plaintiff, The Bank of New York Mellon formerly known as Bank of New York, as Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee for the Certificateholders of Structured Asset Mortgage Investments II Inc. Bear Stearns Alt-A Trust, Mortgage Pass-Through Certificates Series 2006-1 (the "Trust"), against defendants, Paul S. Holt a/k/a Paul Holt, Mortgage Electronic Registration Systems, Inc., as nominee for Pulte Mortgage, LLC, and Unknown Tenant (Real Name Unknown) (collectively, "Defendants"), with defendant Willow Trace Homeowners' Association, Inc. having disclaimed, being an action to foreclose a Mortgage and all other security interests on the above-described property. The Trust's in rem judgment is $273,937.43 as of April 1, 2019, which includes the outstanding principal balance, interest, late charges, escrow advances, property inspection fees, recording fees, attorney fees, and costs through that date, plus any remaining attorney fees and costs accruing prior to the date of sale. The judgment bears interest at the rate of 2.6250% per annum as set forth in the Judgment and Order of Sale with the Court reserving entry of final in rem judgment against Defendants for the amount due after the foreclosure sale, for costs and attorney fees, plus interest as may be assessed by the Court. The Trust and/or its assignee have the right to bid at such sale and submit its bid verbally or in writing. The Trust may apply all or any part of its judgment to the purchase price in lieu of cash. The sale may be postponed and rescheduled at the discretion of the undersigned Special Master. THE FOREGOING FORECLOSURE SALE shall also be made to satisfy, eliminate, and quash any other security interests junior to the Trust's Mortgage on the above-described property. NOTICE IS FURTHER GIVEN that the real property, improvements, fixtures, and attachments concerned with herein 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. If personal property of Defendants, their agents, or their representatives, or of any other person or entity separately ordered to vacate and quit possession of the Property remains on the real property after entry of the Order Approving Sale, such personal property is deemed abandoned and the purchaser may dispose of the property in any manner pursuant to applicable law. The Trust and its attorneys disclaim all responsibility for, and the purchaser at the sale takes the property subject to, the valuation of the subject property by the County Assessor as real or personal property, affixture of any building or improvements to the land, deactivation of title to any improvement to the property, if any, environmental contamination on the property, if any, and zoning violations concerning the property, if any. NOTICE IS FURTHER GIVEN that the successful purchaser at such foreclosure sale shall take title to the above described real property subject to Defendants' one-month right of redemption. NOTICE IS FURTHER GIVEN that the proceeds of the foreclosure sale shall first apply to the costs of sale, including the Special Master's fee, to be hereafter fixed by the Court, for any costs incurred for the maintenance and protection of the Property, including those not included in this judgment, then to the Trust for judgment as provided above including the unpaid balance, escrow, late charges, costs, interest to and including date of sale, attorney's fees and any other costs with interest to and including date of sale, then to any junior lien holders. The balance of proceeds, if any, shall be deposited into the Court Registry and applied as may be determined by the Court. NOW, THEREFORE, notice is hereby given that in the event that said Property is not sooner redeemed, the undersigned will as set forth above, offer for sale and sell to the highest bidder for cash or equivalent, the real property, improvements, fixtures, attachments, and personal property of Defendants described above for the purpose of satisfying, in the adjudged order of priorities, the judgment described herein and decree of foreclosure together with any additional costs and attorney fees, costs of advertisement and publication, a reasonable receiver and Special Master's fee to be fixed by the Court. Sale is subject to the entry of an order of the Court approving the terms and conditions of this sale. /s/Bernadette F. Gutierrez, approved 5/10/19 Bernadette F. Gutierrez, Special Master 9259 Timber Ridge Road Albuquerque, New Mexico 87120 TEL: (505) 803-1792 FAX: (505) 770-8259 Observer: May 19, 26, June 2, 9, 16, 2019

  • Price
    $273,937.44

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