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American Mortgage Investment Partners Wilmington Savings Fund Society, FSB v. Bustamante

United States District Court, D. New Mexico

April 26, 2019

AMERICAN MORTGAGE INVESTMENT PARTNERS WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V, Plaintiff,
v.
BERTHA BUSTAMANTE, ANY UNKNOWN SPOUSE OF BERTHA BUSTAMANTE, and EQUIFIRST CORPORATION, Defendants.

          LEWIS BRISBOIS BISGAARD & SMITH LLP Ryan M. Walters Attorneys for Plaintiff

          ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT SEEKING FORECLOSURE

         THIS MATTER comes before the Court on Plaintiff's Motion for Default Judgment Seeking Foreclosure. No. response to the Motion has been filed and the date for filing a response has passed. There being no opposition to the Motion, the Court hereby GRANTS the Motion for Default Judgment on Foreclosure as follows:

         1. No deficiency judgment is sought in this matter.

         2. Plaintiff is granted an In Rem Judgment in the amount described below against the real estate described as:

LOT 41, Block 1, MASON FARMS SUBDIVISION UNIT 2, in the County of Dona Ana, State of New Mexico, as shown and designated on the plat thereof, filed in the office of the County Clerk of said county as Plat No. 4040 on October 26, 2004 in Book 21 Page(s) 18-21 of Plat Records.

         including any improvements, fixtures, and attachments, such as, but not limited to, mobile homes. The real property that is the subject matter of this foreclosure action (the “described property”) is more commonly known as 606 Missy Ct., Santa Teresa, New Mexico 88008.

         3. Defendant Bertha Bustamante has failed to make payments due under the Note and Mortgage attached to the Complaint in this matter. The terms of the Note and Mortgage entitle Plaintiff to foreclose the Mortgage and to have the described property sold in order to collect the principal and interest due and, that total sum is declared to be a lien upon the real estate described above.

         4. As more particularly described below, the total judgment amount in favor of the Plaintiff is $174, 492.00 plus an additional $13.82 per day in interest from the date of July 7, 2018, forward.

         5. The judgment amount is the principal balance of $165, 872.01, plus interest accruing on the principal balance at the rate of 3.00% per annum through and including July 6, 2018 in the amount of $5, 045.27 and thereafter accruing at the rate of $13.82 per day, plus late charges of $368.17, plus corporate advances and negative escrow balances in the amount of $3, 206.55.

         6. Plaintiff's mortgage on the described property is foreclosed and all the described property is ordered sold in accordance with the laws, rules and practices of this Court to the highest bidder, for cash. Such sale shall be as soon as the Special Master can arrange for and publish the sale.

         7. David Washburn is hereby appointed as Special Master to conduct such sale. As needed, the special master may appoint an alternative designee to fulfill his obligations as special master without further order of the Court in which case the designee assumes all the special master's responsibilities.

         8. The proceeds of this sale shall be applied in the following amounts and in the following priorities:

a. Cost and expenses of the special master and other foreclosure fees.
b. Amounts paid by Plaintiff for title commitments, expenses, costs of this action and any tax, assessments or costs which are or may be due ...

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