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HomeMy WebLinkAbout927532 000052 WELLS FARGO HOME MORTGAGE, Inc. a California Corporation Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CV -2005-55-DC Plaintiff, vs. HOLL YD. LOCKLEAR AND MICHAEL J. MOSCATO-LOCKLEAR, Husband and Wife, RECEIVED 3/12/2007 at 11 :38 AM RECEIVING # 927532 BOOK: 651 PAGE: 52 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DECREE OF FORECLOSURE AND SALE OF PREMISES THIS MATTER, having come before the Court on the Plaintiffs Motion for Judgment and Decree of Foreclosure and Sale of Premises, the Court being fully apprised in the premises; THE COURT HEREBY Finds and Orders as follows: 1. Wells Fargo Home Mortgage, Inc. is a California corporation, registered as doing business in the State of Wyoming at all times relevant herein. 2. Defendants, Holly D. Locklear and Michael J. Moscato-Locklear, are husband and wife, and are believed to be residents of Wyoming. 3. The real property that is subject of this action is located in Lincoln County, Wyoming, and which is more particularly described at 550 Highway 239, Freedom, Wyoming, 83120. 4. Defendants have defaulted under Mortgage lien granted to Wells Fargo Home Mortgage, Inc., which was created by a Mortgage and Promissory Note, signed by Defendants on September 12, 2002 for the amount of $85,337.00 (Eighty five thousand three hundred thirty seven dollars and no cents). 5. The Mortgage was properly recorded 011 September 17, 2002, in the office of the registrar of deeds in the Lincoln County Clerk's office in Book 499, at Page 256. 6. Pursuant to the terms of the Promissory Note, the Defendants promised and agreed to repay the loan plus interest. Decree of Foreclosure and Sale of Premises Page 1 of3 O~~753Z 000053 7. As a result of Defendants' default under the Promissory Note and Mortgage, Plaintiff filed its Complaint for Judgment and to Foreclose Mortgage of Wells Fargo Home Mortgage, Inc., on October 27, 2006, to which Defendants never filed a responsive pleading or Answer, as required pursuant to the Wyoming Rules of Civil Procedure. 8. On July 20, 2006, pursuant to Plaintiffs Motion and supporting Affidavit, the Clerk of Court for the Third Judicial District, Lincoln County, entered an Entry of Default on Plaintiffs Complaint against Defendants. 9. The Court finds that Defendants have defaulted on their promise to repay the loan to Wells Fargo Home Mortgage, Inc. in the amount of $106,256.55 (one hundred and six thousand, two hundred fifty six dollars and fifty five cents). 10. The Court therefore orders that Judgment be entered against Defendants in the amount of $106,256.55 (one hundred and six thousand, two hundred fifty six dollars and fifty five cents). 11. Further, the Court orders the Judgment and Decree of Foreclosure ordered herein to be executed by a Sheriffs sale of the real property, to be held at a public venue designated by the Sheriff of the County of Lincoln, State of Wyoming, pursuant to WYO. STAT. ANN. § § 34-4-106; 34-4-108, et. seq. 12. Plaintiff Wells Fargo Home Mortgage, Inc., as foreclosing mortgagee, shall be allowed to be a purchaser at the Sheriffs sale of the real property. Wyo. Stat. § 34-4- 108. 13. The proceeds of the sale shall first be applied as repayment of the amounts due Plaintiff Wells Fargo, and then to Plaintiffs reasonable expenses incurred for collection and enforcement of its rights, including all reasonable attorney's fees and costs. Decree of Foreclosure and Sale of Premises Page 2 of3 Î: I J O~2753Z 14. If the sale proceeds from the sale of the real property fall short of the amounts owed 000054 Plaintiff by Defendants, Wells Fargo Home Mortgage, Inc. shall be allowed to pursue any deficiency or remaining amount due and owing on the Judgment entered herein against Defendants. IT IS THEREFORE srD. Thi~~ day of, A 7 he Honorable Dennis 1. Sanderson District Court Judge t. . , \..(.;.','. r,,', f\¡C; J , ',! ¡ CT i.i C,'(' ....)0. ,~~ I;, ..iL:dicial rì¡S~i'iU county and rn :r.. hereby cørur,:u·". true, and CO¡;¡P;,.. .' SIGNED ... Decree of Foreclosure and Sale of Premises Page 3 of3