HomeMy WebLinkAbout935040
6010715853
CERTIFICATE OF SALE
COUNTY OF LINCOLN
)
) SS
)
000271
STATE OF WYOMING
Shane Johnson of lawful age, being first duly sworn
upon his oath, states and certifies as follows:
1. That he is the duly elected and acting Sheriff in and for
Lincoln County, State of Wyoming, and makes this Certificate of Sale in his
capacity as such.
2. That a default has occurred under the terms of (a) that
certain promissory note dated January 12, 2007, executed and delivered by
Shawn C. Mallatt and Angelique M. Mallatt to Option One Mortgage Corporation
and (b) that certain mortgage dated January 12, 2007 (the IIMortqaqell), securing
said note, which Mortgage was executed and delivered by said mortgagor(s), to
said mortgagee, and was recorded on January 18, 2007, at Reception No.
926162 in Book 646 at Page 548 , in the records of the office of the County Clerk
and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming,
and which Mortgage covers that certain real property described below, as
follows, to-wit:
LOT 149 OF STAR VALLEY RANCH PLAT 18, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
FILED ON MAY 3, 1979 AS INSTRUMENT NO. 523540 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 1356 Hardeman Road Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan
Trust 2007-3, Asset-Backed Certificates, Series 2007-3
Assignment dated: September 28, 2007
Assignment recorded: October 4, 2007
Assignment recording information: at Reception No. 933765 in Book 674 at Page
608
All in the records of the County Clerk and ex-officio Register of Deeds in and for
Lincoln County, Wyoming.
3. That no suit or proceeding has been instituted at law to
recover the debt secured by the Mortgage, or any part thereof.
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, Wells Fargo Bank, N.A. as
Trustee for Option One Mortgage Loan Trust 2007-3, Asset-Backed Certificates,
Series 2007-3 ("Mortgagee") elected to foreclose the same and at the request
and direction of Mortgagee a written notice of the intention to foreclose the
Mortgage was served upon the record owner and the party in possession of said
real property at least ten (10) days prior to commencement of the first publication
of the foreclosure sale notice, as shown by the affidavit attached hereto as
Exhibit A and by this reference made a part hereof.
RECEIVED 11/20/2007 at 10:56 AM
RECEIVING # 935040
BOOK: 679 PAGE: 271
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
COSPkg
Certificate of Sale
Mallatt 07-17626
Page 1 of 7
000272
5. That Mortgagee has caused publication to be made of a
notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the October 25,2007 issue of said
newspaper and ending with the November 15, 2007 issue thereof; that said
notice was mailed, certified mail, return receipt requested, to all parties as
required by Wyoming statutes, as shown by the affidavit attached hereto as
Exhibit A and by this reference made a part hereof, and that said notice as
mailed and published, did comply in all respects with the requirements of the
statutes relating to foreclosures of mortgages by advertisement and sale; and
that a copy of said notice and the publisher's affidavit of publication thereof are
attached hereto as Exhibit B and by this reference made a part hereof.
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On November 20, 2007 at 10:00 o'clock in the
forenoon, at the front door of the Lincoln County Courthouse in the City of
Kemmerer, Lincoln County, State of Wyoming , the undersigned proceeded to sell
the above-described real property at public auction in accordance with the notice
of for~closure sale by then and there calling for bids on said real property; and
that the highest and best sum bid for said real property was the sum of
$153791.00 ("Bid Sum"), which was bid and offe~ed by Wells Fargo Bank, N.A.
as Trustee for Option One Mortgage Loan Trust 2007-3, Asset-Backed
Certificates, Series 2007-3 ("Successful Bidder") and that after soliciting and
calling for other and higher bids therefore, and receiving none from those
attending upon the sale, said real property was struck off and sold by the
undersigned to the Successful Bidder for the Bid Sum; and that the Bid Sum was
thereupon paid and the sale of said real property was then and there completed
as by law provided.
7. That the sum of $2,071.22 is to be paid to Castle, Meinhold,
& Stawiarski Legal Services, LLC, the attorneys for Mortgagee, as compensation
for services actually rendered in the foreclosure proce~ding, said attorneys
having made an, affidavit as required by the statutes of the State of Wyoming, a
copy of said affidavit being attached hereto as Exhibit C, and by this reference
made a part hereof.
8. That the sale of the above-described real property was made
in full compliance with the provisions of the Mortgage thereby foreclosed and was
in all "respects conducted in conformity with the requirements of the Wyoming
Statutes.
9. That said Successful Bidder shall be entitled to a deed to the
above-described real property, together with all improvements thereon situate
and all fixtures and appurtenances thereto, at and upon expiration of three (3)
months and thirty (30) days from and after November 20, 2007, the date of the
sale, unless the property shall have b.een redeemed as provided by law prior to
that time.
DATED at Kemmerer, Lincoln County, State of Wyoming, this
20th day of November ,2007.
Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
~L/c
Stetzenbach
Title: . Deputy Sheriff
COSPkg
Certificate of Sale
Mallatt 07-17626
Page 2 of 7
ACKNOWLEDGMENT
STATE OF WYOMING
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) SS
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000273
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my
acknowledged before me by John P. Stetzenbach
Deputy Sheriff of Lincoln County, State of Wyoming, this
November ,2007.
presence and
,
20th day of
My Commission Expires: S/.;2b IcPJ
cðf
N
Witness my hand and official seal.
JAMIE PA'NTE:.~~~Yrm-l'
COUNlY OF tðf~'\';"';;;1 I:')' STATF 0"
\~~\..):'!-;_}.;/r::_ ... I - I '\\
LINCOLN ~t'i'(A;Y W\'CMI~JG /)
~~~~~~~5.2~~T;; ~1~~2~:-,;
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Certificate of Sale
Mallatt 07-17626
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"-
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING
COUNTY OF NATRONA
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) SS
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000274
Danette Baldacci of lawful age, being first duly sworn upon her
oath, deposes and says:
1. That she is an attorney admitted generally to practice law in
the State of Wyoming and is a member of the law firm of Castle, Meinhold, &
Stawiarski Legal Services, LLC, who are the attorneys representing the
Mortgagee in a procedure to foreclose a certain real estate mortgage dated
January 12, 2007 (the "MortQaQe"), and recorded on January 18, 2007, at
Reception No. 926162 in Book 646 at Page 548 in the records of the office of
the County Clerk and ex-officio Register of Deeds in and for Lincoln County,
State of Wyoming, wherein Shawn C. Mallatt and Angelique M. Mallatt
("Mortgagor(s)"), the named mortgagor(s), and Option One Mortgage Corporation
is the named mortgagee, which Mortgage was assigned for value as follows:
Assignee: Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan
Trust ·2007 -3, Asset-Backed Certificates, Series 2007-3
Assignment dated: September 28, 2007
Assignment recorded: October 4,2007
Assignment recording information: at Reception No. 933765 in Book 674 at Page
608
All in the records of the County Clerk and ex-officio Register of Deeds in and for
Lincoln County, Wyoming; by advertisement and sale as provided under the
provisions of Wyo. Stat. §§ 34-4-101, et seq. (2003). The Mortgage was
foreclosed by reason of default having occurred under the terms of the note
secured thereby.
2. That written notice of intent to foreclose the Mortgage by
advertisement and sale has been served upon the record owner and the person
in possession by certified mail, return receipt requested, mailed to the last known
address of the record owner and the person in possession at least ten (10) days
before commencement of the first publication of the notice of the foreclosure sale
as follows, and that a copy of the published Foreclosure Sale Notice was mailed,
certified mail, return receipt requested, to all parties as required by Wyoming
statut~s, before the notice was published, as follows:
CERTIFIED MAIL NO. NO!: 71786575345000023827
CERTIFIED MAIL NO. FSN: 71786575345000026026
Shawn C, Mallatt
1356 Hardeman Road
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000023841
CERTIFIED MAIL NO. FSN: 71786575345000026040
Angelique M. Mallatt
1356 Hardeman Road
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 70070220000266519173
CERTIFIED MAIL NO. FSN: 70070220000266517315
Wells Fargo Bank, N.A. as Trustee for Option One Mortgage
Loan Trust 2007-3, Asset-Backed Certificates, Series 2007-3
3 Ada
Irvine, CA 92618
COSPkg
CERTIFIED MAIL NO. NOI: 71786575345000023834
CERTIFIED MAIL NO. FSN: 71786575345000026033
Shawn C. Mallatt
PO Box 7674
Jackson, WY 83002
CERTIFIED MAIL NO. NOI: 71786575345000023858
CERTIFIED MAIL NO. FSN: 71786575345000026057
Angelique M. Mallatt
PO Box 7674
Jackson, WY 83002
CERTIFIED MAIL NO. NOI: 71786575345000023865
CERTIFIED MAIL NO. FSN: 71786575345000026064
Occupant
1356 Hardeman Road
Thayne, vrY 83127
Certificate of Sale
MallaU 07-17626
Page 4 of 7
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was October 10, 2007 and the date of the first publication of the
notice of foreclosure sale was October 25, 2007.
FURTHER AFFIANT SA YETH NAUGHT.
000275
'-
By: anette Baldacci
Castle, Meinhold & Stawiarski
Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
J~cribed ~~j;ce and sworn to before me by Danette
Baldacci this ,day of . ~ , 2007.
Witness my hand and official seal.
Not
My Commission Expires: ~ 1<1,20/0
1
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STA'ÆOF ~..
" COUNTY OF N'\' ........201.
Ex ¡,es Ju11'
u Lorr "'1.',100 .
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COSPkg
Cel1ificate of Sale
Mallatt 07-17626
Page 5 of 7
EXHIBIT B
PUBLISHER'S AFFIDAVIT
000276
[Note to Agent: Type EXHIBIT B at the top of the original Publisher's Affidavit
and notice of foreclosure sale and insert here in place of this page.]
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE ' .
,. WHEREAS, default in the payment of principal and intèrest hasoccurrtid
o 'under the tenns of a promissory note (the "Note") dated Jan!lary'12,200?,
'. executed, and delivered by Shaw~ C." Mallatt an4 Angelique M. MallaJ;t
~ (UMortgago1i(s )") to . Option' One Mortgage" Corporation" and ,-a real (estate
S'mortgage (the "Mortgage,,) of the' same date securing the,Notè, which Mott"
gage wàs executed and delivered by said Mortgagor(s), to saidMortg~ge~,
and which Mortgage was recorded on January 18,2007, atReception N@).
926162 in Book 646 at Page 548 in the records of the office of the CounCY
Clerk ~d ex-officio Register of Deeds in and for Lip.coln County, State ~f
Wyommg; and ' . ','
WHEREAS, the mortgage was assigned for vl 1ueaS follows: '
Assignee: Wells Fargo Bank, N.A. as TI1Ìstee f<\r Option One Mortgase
Loan Trust 2007-3,Asset.,BackedCertificates; Series 2007"3 ':
Assignment dated,: S'epteinbèr 28, 2007 j
Assignment recorded: October 4, 2007" , :
Assignment recording information: at ReceptionNo. 933765 in.Book 67'4
at Page 608 ' "
All in the records of the County Clerk and ex-officio Register of Deeds ¥l
and for Lincoln County; Wyoming. , . ',' ," , ' '
WHEREAS, the Mortgage ,contains a·po.wer of sal~which by reasOn Qf
said default, the Mortgagee declares to have beëomeop¢rative, ,and no suit 0r
proce¡;ding has been instituted atlaw to recover the debt secured by theMo!1:"
gage, or any part thereof, norhasanysuchsuitorproceÿdingl>e~ninstitutë,d
and the same discontinued; and" j
WHEREAS, written notice of intent to foreclose the Mortgage by advet"
tisement and sale has been served upon the record.owner and the· partym
possession of the mortgaged premises at leasHen (10) days:IU1()r.to.!:4.e;c0n1- .
mencementof this publication, and the amount due upon the Mortgage on t4e
date of first publication of this notice of sale being the total sum of $149,940.9,0
, which sum consists of the unpaid principal balance of $140,200.53 pM in-
terestaccrued to the date of the first publication'ofthis notice in the·amòuilt
of $9,/538.15, plus late charges in the amount of $482.76, less outstandid,g
balance in the amount of $380.54, plus attorneys' fees, ,costs expended, ' arid
accruing interest and late charges after the"date of fIrst publication of thls
notice of sale'· . . . : . , ,'., I
WHEREAS, The property being foreclosed upon may be subject to oth~r
liens and encumbrances, that \¥;illnotbe extinguishep, at the' sale. Any pro-
spective purchaser should researchtlle status of title before submitting a bi~;
NOW, THEREFORE Wells Fargo Bank, N.A.as Trustee for Option 0*
Mortgage Loan TrusPOP7"3, Asset-aapkedCe!1ifica~s, Series 2007~3, ~I!
the Mortgagee, will have the Mortgage foreclosed as by law provided 1:jy
causing the mortgaged property 10 ,be sold at public yenueby'the Sheriff IiIr
Deputy Sheriffin and for Lincoln County, WyolIligg to tllehig4est bidder fQr
cash at 10:00 0' clock in the forenoon on November 20, 2007 at the front door
- of the I,.incoln County Courthouse located at 92~ Sage Avenue, Kemmerer,
WY, Lincoln, County. fof' application on the, above-described amounts s~"
cured by the Mortgage, said mortgaged pròpertyb~ing descxibed as follows,
to-wit: ..,' :
LOT 149 OF STAR VALLEY RANCH PLAT 18, LINCOLN ,COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLATFILED ON MAY,
3, 1979 AS INSTRUMENT N,o. 523540 OF THE RECORDS OF THE LIN-
~ COLN COUNTY CLERK. .
with an address of 1356 Hardeman Road, Thayne, WY83127.,
). Together with all improvement~,there.onsituate and ~ fixtures and ap-
\ purtenances thereto. ,
Wells FargoBaµk, N.A. as TI'UStee for Option Qne Mortgage Loan Trust
2007 -3 "Assçt..aacked Certificates; Series, 2007.,3
Jy: Danette BaldRcci , '
:astle, Meinhòld& Stawiarski
..egalServices, LLC "
130S. Walsh Drive, Ste. 202ROXANNE RUDY - NOTARY PUBLIC
:asper, wY 82609-0000, COUNTY OF STATE OF
307) 333 5379 LINCOLN WYOMING
·Oct. 25, Nov. 1,8,15
MY COMMISSION EXPIRES 1/31/09
STATE OF WYOMING
) ss.
County of Lincoln
I, Michael Jensen, do solemnly swear that
I am the publisher of the Kemmerer
Gazette, a weekly paper of general
circulation, published once a week at
Kemmerer, Lincoln County, Wyoming;
that the notice attached hereto, and which
is part of the affidavit, was published in
said newspaper for -±- insertions, the
tirst publication hÚg been made on the
-ºL5 day ofM~h)
AD., 20~, and the last publication on
the -15- day of _1(01 Je~ )
AD., 20il.'i-; that said notice was
published in a regular and entire issue of
the paper(s) in which it was published; and
that said notice was published III the
newspaper proper, and not III a
supplement.
~~-
Michael Jensen, Publisher
Subscribed in my presence and sworn to
before me on
November
this ~ day of
AD., 20~.
¡cv rvn,~\JJ ~ dq
EXHIBIT C
AFFIDAVIT OF ATTORNEY
COUNTY OF NATRONA
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) SS
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000277
STATE OF WYOMING
Danette Baldacci, of lawful age, being first duly sworn upon her
oath, deposes and says:
1. That she is a resident attorney admitted generally to practice
law in the State of Wyoming and is a member of the law firm of Castle, Meinhold,
& Stawiarski Legal Services, LLC who are the attorneys representing the
Mortgagee in a procedure to foreclose a certain real estate mortgage.
2. That Castle, Meinhold, & Stawiárski Legal Services, LLC, as
attorneys for the Mortgagee, will charge the Mortgagee fees totaling $2,071.22
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Postage
Photocopies
Tax Certificate
Publication
Record AOM
Postage Record AOM
Title Company Appearance Fee
Sheriffs Fee
Sheriffs Deed Fee
Recorde COS
Record Sheriffs Deed
700.00
678.00
62.52
26.45
25.00
448.00
8.00
16.25
50.00
10.00
10.00
26.00
11.00
Total
$2,071.22
3. That the above-mentioned fee for services rendered and
incurred in connection with the foreclosure sale shall be retained entirely by the
law firm of Castle, Meinhold, & Stawiarski Legal Services, LLC. There is no
agreement, express or implied, between such attorneys and their client, nor
between such attorneys and any other person not a practicing attorney of the
State of Wyoming engaged with them as an attorney in this foreclosure
proceeding, for any sharing or division of said fee to be added to the debt
involved, and said fee when so added to the debt involved shall be only as
compensation for services actually rendered in the foreclosure proceeding by an
attorney admitted to practice in the State of Wyoming and residing therein.
FURTHER AFFIA~TH NAUGHT. ). "
. ¿t ctfu PrtJ Mft ,,-.
By: Danette Baldacci
Castle, Meinhold & Stawiarski
Legal Services, LLC .
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
Sl. bSCribelr~ce and sworn to before me by Danette Baldacci
this 11ò"f.....day of ,2007.
Witness my hand and official seal.
. ~ø~ ÛJJ.Ö
_ Not Public
My Commission Expires: ~ 11, 2()( b
COSPkg ,Certificate of Sale
JIOfNWPWUc' Mallatt 07-17626
.~ Page70f7
COUNTY OF "'TRONA
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