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Volt Asset Holdings Trust XVI. v. Martinez

United States District Court, D. New Mexico

March 27, 2018

VOLT ASSET HOLDINGS TRUST XVI, Plaintiff,
v.
MARIE A. MARTINEZ A/K/A MARIE MARTINEZ, FELIX J. MARTINEZ A/K/A FELIX JOE MARTINEZ, FELIX JOE MARTINEZ PUBLIC TRUST, AND SOUTHWEST FINANCIAL SERVICES INC., Defendants,

          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. ...

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