STATE OF NEW MEXICO
COUNTY OF SAN JUAN
ELEVENTH JUDICIAL DISTRICT COURT No. D-1116-CV-2009-01104
EVERHOME MORTGAGE COMPANY,
Plaintiff,
vs.
ROBERT S. WELLING,
Defendant.
NOTICE OF SALE
Notice is hereby given that on December 2 2009 at the hour of 10:00 am the undersigned Special Master or his designee will at the front entrance of the San Juan County Courthouse at Eleventh Judicial District Court 851 Andrea Dr. Farmington NM 87401 sell all of the rights title and interest of the above-named Defendant in and to the hereinafter described real estate to the highest bidder for cash. The property to be sold is located at 1620 N Glenmary Aztec New Mexico 87410 (if there is a conflict between the legal description and the street address the legal description shall control) and is more particularly described as follows:
- Lot 3 in Block 3 of the SWIRE-SIMMONS SUBDIVISION in the City of Aztec San Juan County New Mexico as shown on the Plat of said Subdivision filed for record September 30 1957,
including any improvements fixtures and attachments such as but not limited to mobile homes. Subject to all taxes utility liens and other restrictions and easements of record and subject to a one (1) month right of redemption by the Defendant upon entry of an order approving sale. The foregoing sale will be made to satisfy in rem foreclosure judgment rendered by this Court in the above-entitled and numbered cause on October 27 2009 being an action to foreclose a mortgage on the above-described property. The Plaintiff's in rem judgment is $111,371.41 and the same bears interest at the rate of 7.6250% per annum which accrues at the rate of $23.27 per diem commencing on November 4 2009 with the Court reserving entry of final in rem judgment as to said Defendant Robert S. Welling for the amount due after foreclosure sale for costs and attorney's fees plus interest as may be assessed by the Court. The Plaintiff has the right to bid at such sale all of its in rem judgment amount and submit its bid verbally or in writing. The Plaintiff may apply all or any part of its in rem judgment to the purchase price in lieu of cash. The sale may be postponed and rescheduled at the discretion of the Special Master.
The Court's decree having duly appointed its Special Master to advertise and immediately offer for sale the subject real estate and to apply the proceeds of sale first to the costs of sale and the Special Master's fees then to pay the above-described in rem judgment interest and costs of sale and to pay unto the registry of the Court any balance remaining to satisfy future adjudication of priority mortgage holders;
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 lands and improvements described above for the purpose of satisfying in the adjudged order of priorities the in rem judgment described herein and decree of foreclosure together with any additional costs and attorney's fees costs of advertisement and publication a reasonable receiver and Special Master's fee to be fixed by the Court. The total amount of the in rem judgment due is $111,371.41 plus interest to and including date of sale of $651.56 for a total in rem judgment plus interest of $112,022.97. Sale is subject to the entry of an order of the Court approving the terms and conditions of this sale.
________________________________________
EDWARD LITTLE Special Master
1509 37th St SE
Rio Rancho NM 87124
Telephone: (505) 891-1918
E-mail: sale@littledranttel.comLegal No. 63767 published in The Daily Times on November 6 13 20 & 27 2009.
