Business 520 ( Real Estate Finance and Investment) Case Analysis
Foreclosure Notice
MORTGAGEE'S NOTICE OF SALE OF REAL PROPERTY
By virtue of a Power of Sale contained in a certain mortgage given by John and Jane Doe ("the Mortgagor(s)") to Fourth National Savings Bank., dated July 23, 2008 and recorded in the Smith County Registry of Deeds in Book 1790, Page 338 (the "Mortgage"), which mortgage is held by Fourth National Savings Bank, the present holder of said Mortgage, pursuant to and in execution of said power and for breach of conditions of said Mortgage and for the purposes of foreclosing the same will sell at: Public Auction on September 17, 2020 at 12:00 PM. Said sale being located on the mortgaged premises and having a present address of 3 Allen Road, Some City, Smith County, New Mexico. The premises are more particularly described in the Mortgage. For mortgagor's(s') title see deed recorded with the Smith County Registry of Deeds in Book 2667, Page 452. NOTICE PURSUANT TO NEW MEXICO RSA, YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PETITION THE SUPERIOR COURT FOR THE COUNTY IN WHICH THE MORTGAGED PREMISES ARE SITUATED, WITH SERVICE UPON THE MORTGAGEE, AND UPON SUCH BOND AS THE COURT MAY REQUIRE TO ENJOIN THE SCHEDULED FORECLOSURE SALE.
The address of the mortgagee for service of process is 3 Allen Road, Some City, NM and the name of the mortgagee's agent for service of process is Lawyers Incorporating Service. You can contact the New Mexico Department of Banking by e-mail at nmdb@banking.nm.com. For information on getting help with housing and foreclosure issues, please call the foreclosure information hotline at 1-800-5555. The hotline is a service of the New Mexico Department of Banking. There is no charge for this call.
The Property will be sold subject to all unpaid real estate taxes and all other liens and encumbrances which may be entitled to precedence over the Mortgage. Notwithstanding any title information contained in this notice, the Mortgagee expressly disclaims any representations as to the state of the title to the Property involved as of the date of the notice of the date of sale. The property to be sold at the sale is "AS IS WHERE IS".
TERMS OF SALE
A deposit of Five Thousand ($5,000.00) Dollars in the form of a certified check or bank treasurer's check or other check satisfactory to Mortgagee's attorney will be required to be delivered at or before the time a bid is offered. The successful bidder(s) will be required to execute a purchase and sale agreement immediately after the close of the bidding. The balance of the purchase price shall be paid within thirty (30) days from the sale date in the form of a certified check, bank treasurer's check or other check satisfactory to Mortgagee's attorney. The Mortgagee reserves the right to bid at the sale, to reject any and all bids, to continue the sale and to amend the terms of the sale by written or oral announcement made before or during the foreclosure sale. The description of the premises contained in said mortgage shall control in the event of an error in this publication.