STATE OF NEW MEXICO
IN THE DISTRICT COURT OF
COLFAX COUNTY, NEW MEXICO
No. D-809-CV-2016-00161
WINDCHIME CONDOMINIUM ASSOCIATION,
a New Mexico corporation,
Plaintiff,
vs.
1) JUSTIN GEHRE;
2) JOHN KEITH VINYARD and
KAREN VINYARD, husband and wife;
3) ANGEL FIRE RESORT OPERATIONS, LLC; and
4) ASSOCIATION OF ANGEL FIRE PROPERTY OWNERS,
INCORPORATED,
Defendants.
NOTICE OF FORECLOSURE SALE
PLEASE TAKE NOTICE that the above entitled Court, having appointed me Special Master in this matter with the power to sell, has ordered me to sell the following real property situated in Colfax County, New Mexico, particularly described as:
Condominium Unit 100, according to Condominium Declaration for Windchime Condominium recorded January 31, 1983 at 3:32 p.m., in Miscellaneous Book 108, page 263; amended by Amendment to Condominium Declaration for Windchime Condominiums recorded in Miscellaneous Book 113, page 36; Amended and restated Condominium Declaration filed October 19, 1993 at 2:21 p.m., recorded in Plat book 8, page 380, records of Colfax County, New Mexico.
The Court entered its Summary Judgment in this matter on September 22, 2017, and after mandate issued from the Court of Appeals its Stipulated Order on Priorities and Foreclosure Sale on August 21, 2019.
The sale is to begin at 9:00 a.m. on Friday, September 27, 2019, on the front the front steps of the Leon Karelitz Judicial Center, 1413 South Second Street, Raton, New Mexico 87740, at which time I will sell the property to the highest bidder in U.S. dollars to pay the expenses of sale, and to satisfy the following judgment and lien amounts:
1. The Plaintiff, Windchime Condominium Association, was awarded judgment against Defendant, Gehre, in the amount of $6,540.16. In addition, the Court awarded Windchime $2500 for attorneys fees for total judgment of $9,040.16, with interest at 8.75% from September 22, 2017, through August 15, 2019 in the amount of $1,532.89, and shall have first priority on said amounts.
2. The Defendants/Crossclaimants, Angel Fire Resort Operations, LLC and Association of Angel Fire Property Owners, Incorporated, were awarded judgment against Defendant, Gehre, in the amount of $5,159.04 with interest at the rate of 8% per annum from September 22, 2017, through August 15, 2019, in the amount of $802.30, and shall have second priority on said amounts.
3. The Defendants/Crossclaimants, John Keith Vinyard and Karen Vinyard, were awarded judgment against Defendant, Gehre, in the amount of $3,724.49. In addition, the Court awarded Defendants/ Crossclaimants, Vinyard, $2,000 for attorney’s fees for a total judgment of $5,724.49, with interest at 8.75% per annum from September 22, 2017 through August 15, 2019, in the amount of $974.12. Defendants/ Cross-claimants, Vinyard’s judgment is third in priority.
4. The amounts of the judgments and lien amounts will also include additional costs, publication expenses and the Special Master’s Fee.
5. The Plaintiff, Windchime Condominium Association, may bid the amount of its judgment or any portion thereof as a credit against its judgment as if cash. As to Defendant/Counterclaimant, Vinyard, and Defendant/Cross-claimants, Association of Angel Fire Property Owners and Angel Fire Resort Operations, if they bid cash sufficient to pay the judgments with priority may then bid the amount of their judgment or any portion thereof as a credit against their judgment as if cash.
The high bidder must provide a cashiers check, cash or certified funds within two (2) hours of the acceptance of the bid, to be delivered to the Special Master, c/o Kamm & McConnell, LLC, 300 Cook Avenue, Raton, New Mexico 87740.
The property is being sold “as is” and without any warranty as to the marketability of title thereto and will be conveyed by Special Master’s Deed upon the Court’s order confirming the sale.
DATED this 23rd day of August, 2019.
/s/ GEORGE D. YAKSICH
GEORGE D. YAKSICH, SPECIAL MASTER
Prepared by:
/s/ Terrence R. Kamm
Terrence R. Kamm
Kamm & McConnell, L.L.C.
P. O. Box 1148
Raton, NM 87740
Telephone: (575) 445-5575
Facsimile: (575) 445-5621
E-mail: tkamm@bacavalley.com
Attorney for Plaintiff
