SEVENTH JUDICIAL
DISTRICT
COUNTY OF SOCORRO
STATE OF NEW MEXICO

No. D-0725-CV-2022-00136 Judge Mercedes C. Murphy

CITY OF SOCORRO,
a New Mexico municipality,

Plaintiff,

vs.

AYS DEFINED BENEFIT and JAMES BENJAMIN RIVERA,

Defendants.

NOTICE OF SPECIAL MASTER’S SALE

ON April 27, 2023, the District Court of Socorro County, New Mexico, entered a Judgment Decree of Foreclosure, Order of Sale, and Appointment of Special Master in the above styled and numbered cause. Said Judgment foreclosed the municipal lien of Plaintiff, City of Socorro, upon the following described property and any improvements thereon, located at 205 California Street, City of Socorro, County of Socorro, State of New Mexico, and more particularly described as follows to-wit:

ANTONIO ABEYTA y MONTOLLAS ADDITION Subdivision to the City of Socorro (Sands Motel):
Lot 13, Block 3;
Lot 14, Block 3;
Lot 15, Block 3;
Lot 16, Block 3;
Lot 17, Block 3;
Lot 18, Block 3;
Lot 19, Block 3; and
Lot 20, Block 3.

And further described in that warranty deed naming Raojibhai P. Patel and Sarlaben R. Patel as grantors and the named Defendants herein as grantees, which deed was recorded with the records of the Clerk of Socorro County, New Mexico on or about July 31, 2018 as Instrument #20181513.

and directed that the Special Master, John R. Gerbracht, be ordered to sell the above described property at public auction to satisfy the municipal lien of Plaintiff, City of Socorro. The total amount of the Judgment, including interest accrued through April 27, 2023, attorney fees, court costs and costs of collection is $210,295.85. Said sum does not include interest which continues to accrue at the rate of 12% from and after April 27, 2023, costs of the sale, or other advances made by Plaintiff prior to or in preparation for the judicial sale.
THE PROCEEDS of the sale will be applied as follows:

FIRST: To the costs and expenses of sale, including but not limited to the fee of the Special Master, costs of publication, and reasonable expenses of retaking, holding, preparing for sale and selling said property;

SECOND: To the judgment of Plaintiff in the amounts set forth above;

THIRD: Any proceeds of sale received by the Special Master in excess of the above amounts shall be deposited into the Registry of the Court pending further Order of the Court.

THE SALE will be made to the highest and best bidder for cash or cashier’s check. Plaintiff may bid in all or a portion of its judgment in this action in lieu of cash.
NOTICE IS HEREBY GIVEN that the above described property will be sold at public auction to the highest bidder, for cash, in front of the north door of the Courthouse in Socorro, Socorro County, New Mexico, at the hour of 10:00 a.m. on the 12th day of July, 2023, such sale shall be subject to the approval of the District Court of Socorro County, and subject only to the statutory right of redemption which shall be for a period of nine (9) months.

DATED: this 7th day of June, 2023.

/s/ 6-7-2023
John R. Gerbracht,
Special Master

PLEASE DIRECT INQUIRES TO:

Jerry A. Armijo, P.A.
Attorney for Plaintiff
P.O. Box 773
Socorro, NM 87801
(575) 418-7797

Published in the El Defensor Chieftain on June 15, 22 & 29, 2023 and July 6, 2023

El Defensor Chieftain