United States District Court, D. New Mexico
ROSE
L. BRAND & ASSOCIATES, PC. ELIZABETH DRANTTEL Attorneys
for Plaintiff
MARIE
A. MARTINEZ Defendant, Pro Se
FELIX
J. MARTINEZ Defendant Pro Se
ORDER CONFIRMING SALE AND SPECIAL MASTER'S
REPORT
The
Special Master having filed a report with the Special
Master's Deed attached, covering the performance of
duties as Special Master, and the Court being otherwise
advised in the premises, finds that the report of the Special
Master and his Deed should be approved, IT IS, THEREFORE,
ORDERED that the Special Master's Report of Sale be and
hereby is in all things confirmed and allowed, that the
compensation of Special Master be and hereby is set at
$268.75, including tax, that the bid of VOLT Asset Holdings
Trust XVI, in the amount of $180, 000.00, is approved and the
Sale is confirmed as set forth in the Special Master's
Report.
IT IS
FURTHER ORDERED, ADJUDGED AND DECREED that the following is
the final judgment amount due to Plaintiff VOLT Asset
Holdings Trust XVI:
Plaintiff's Judgment
|
$445, 249.00
|
Interest to Date of Sale
|
$109, 055.00
|
Attorneys' Fees & Costs
|
$34, 257.00
|
TOTAL JUDGMENT
|
$588, 559.90
|
IT IS
FURTHER ORDERED, ADJUDGED AND DECREED that the sale proceeds
of the credit bid be disbursed as follows:
-
Sales Proceeds:
|
|
$180, 000.00
|
Disbursements
|
|
|
To Plaintiff for Judgment
|
|
$144, 823.35
|
To Plaintiff for Attorney Fees and Costs
|
|
$34, 256.51
|
|
$34, 256.51
|
|
Total Costs of Sale
|
|
$920.14
|
Special Master's Fee
|
$268.75
|
|
Publication Fee
|
$626.39
|
|
Record Special Master's Deed
|
$25.00
|
|
Total Disbursement
|
|
$180, 000.00
|
The
total amount of proceeds to be disbursed to Plaintiff in
satisfaction of said Judgment, after the costs of the Sale
have been paid in the amount of $920.14, is $179, 079.86.
IT IS
FURTHER ORDERED, ADJUDGED AND DECREED that Judgment is in the
total amount of $588, 559.90; that Plaintiff's judgment
is satisfied in the amount of $179, 079.86, with a deficiency
judgment herein entered against Marie A. Martinez and Felix
J. Martinez in the amount of $418, 380.04.
IT IS
FURTHER ORDERED, ADJUDGED AND DECREED that the Special Master
execute and deliver to Wilmington Savings Fund Society, FSB,
as trustee of Upland Mortgage Loan Trust A, a deed in the
form submitted with the Special Master's Report which is
approved by this Court, conveying the title to the property
located at ¶ 76 #737 A, Chimayo, Rio Arriba County, New
Mexico 87522, and further described as:
A certain parcel of land, lying and being situate
within the Santa Cruz Grant, (Projected) Section 26, Township
21 North, Range 9 East of the New Mexico Principal Meridian,
in the vicinity of Chimayo, County of Rio Arriba, State of
New Mexico, being more partiuclarly described as follows, to
wit:
Beginning at a point for the northeast corner of the
property herein described from which point Angle Point No. 2
of S.H.C. 5489, Tract 10, marked with a U.S.G.L.O. Government
Brass Cap, bears N. ...