Loading...
HomeMy WebLinkAbout936888 "<c..... 6010716235 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS ) û0045i. COUNTY OF LINCOLN of lawful age, being first duly sworn upon his oath, states and certifies as follows: Shane Johnson 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 August 2, 2005, executed and delivered by Jefferson George Bishop Dupler to The Jackson State Bank & Trust and (b) that certain mortgage dated August 2, 2005 (the "MortQaQe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 10, 2005, at Reception No. 910784 in Book 593 at Page 841 , 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: 1 LOT 43, PAllS PARK SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN THE COUNTY RECORDER'S OFFICE OF LINCOLN COUNTY, STATE OF WYOMING with an address of 189 West Mill Circle Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Countrywide Home Loans, Inc. Assignment dated: August 2, 2005 Assignment recorded: August 31,2005 Assignment recording information: at Reception No. 911396 in Book 596 at Page 181 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, Countrywide Home Loans, Inc. ("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. COSPkg RECEIVED 2/12/2008 at 11 :34 AM RECEIVING # 936888 BOOK: 686 PAGE: 451 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Dupler 07-24723 Page 1 of 7 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 January 10, 2008 issue of said 000452 newspaper and ending with the January 31, 2008 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 February 5, 2008 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 foreclosure 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 ,_$ 70,000.00 ("Bid Sum"), which was bid and offered by MICHAEL J. MARTIN AND JENNIFER A. MARTIN HUSBAND AND WIFE AS TENANTS BY THE ENTIRETIES ("Successful Bidder") and that after soliciting and calling for other and higher bids 233 ASPEN WAY therefore, and receiving none from those attending upon the sale, said real ROCK SPRINGS property was struck off and sold by the undersigned to the Successful Bidder for WY, 82901 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 $1,699.72 is to be paid to Castle, Meinhold, & Stawiarski Legal Services, LLC, the attorneys for Mortgagee, as compensation for services actually rendered in the foreclosure proceeding, 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 February 5, 2008, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DATED at Kemmerer, Lincoln County, State of Wyoming, this 5 day of February , 2008. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: ~~ê/ {/ ,,/ ' Print Name: CLIFF BO COSPkg Certificate of Sale Dupler 07-24723 Page 2 of 7 Title: Deputy SHeriff 000453 ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) COUNTY OF LINCOLN The foregoing instrument was subscribed in my acknowledged before me by CLIFF BOYD Deputy Sheriff of Lincoln County, State of Wyoming, this FEBRUARY 2008. presence and , 5 day of My Commission Expires: Witness my hand and official seal. (~r(lí\'\fV\L,\.d, ~U 0 .J~ Notary Public ~",\;I'""'d,\'-'-f.:,':<'~~:>~·:_~'¿'·""1'-'.-:fI·~' SAVANNA L HAWI([,3 - NOT Þ.RY PUBLIC COUNTY Of STATE OF LINCOLN . WYOMING My Commission Expires 'id..i.2::ll11 p...''!f>-.,.~?-_.".....<¡...,..~~·~¡r.-t~ . COSPkg Certificate of Sale Dupler 07-24723 Page 3 of 7 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING COUNTY OF NATRONA û00454 ) ) SS ) 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 August 2, 2005 (the "Mortaaae"), and recorded on August 10, 2005, at Reception No. 910784 in Book 593 at Page 841 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 Jefferson George Bishop Dupler (UMortgagor(s)"), the named mortgagor(s), and The Jackson State Bank & Trust is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Countrywide Home Loans, Inc. Assignment dated: August 2, 2005 Assignment recorded: August 31,2005 Assignment recording information: at Reception No. 911396 in Book 596 at Page 181 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 statutes, before the notice was published, as follows: CERTIFIED MAIL NO, NOI: 7178657534500042057 CERTIFIED MAIL NO. FSN: 71786575345000043863 Jefferson George Bishop Dupler 189 West Mill Circle Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 7178657534500042071 CERTIFIED MAIL NO, FSN: 71786575345000043887 Jefferson George Bishop Dupler P,O, Box 13484 Jackson, WY 83128 CERTIFIED MAIL NO. NOI: 70071490000447735648 CERTIFIED MAIL NO. FSN: 70070220000266514604 Mortgage Electronic Registration Systems, Inc, 400 Countrywide Way, SV 35, P,O, Box 10232 Simi Valley, CA 93065-6298 COSPkg CERTIFIED MAIL NO, NOI: 7178657534500042064 CERTIFIED MAIL NO, FSN: 71786575345000043870 Jefferson George Bishop Dupler P.O, Box 3295 Alpine, WY 83128 CERTIFIED MAIL NO, NOI: 71786575345000042088 CERTIFIED MAIL NO. FSN: 71786575345000043894 Occupant 189 West Mill Circle Alpine, WY 83128 CERTIFIED MAIL NO, NOI: 71786575345000042095 CERTIFIED MAIL NO, FSN: 71786575345000043900 Jefferson George Bishop Dupler P,O, Box 13484 Jackson, WY 83002 Certificate of Sale Dupler 07-24723 Page 4 of 7 ,)L 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 14, 2007 and the date of the first publication of the notice of foreclosure sale was January 10, 2008. FURTHER AFFIANT SA YETH NAUGHT. û00455 , (" ¡ , ,)_~ t: , ' \~\¡. i .' -ft,,·,.. f,~ '~W' ;.' " I, ' ," , ....,~:' ,£L/t'lL/L· a [ J l>&.. y. Danette Baldacci Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 Subscribed in Baldacci this ---1- day of y presence and sworn to before me by Danette 2008. Witness my hand and official s My Commission Expires: CINDY BAKER· NOTARY PUBLIC County of . State of Natrona Wyoming CommissIon Ex ires Oct. 10.2010 COSPkg Certificate of Sale Dupler 07-24723 Page 5 of 7 EXHIBIT B PUBLISHER'S AFFIDAVIT 000456 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming , 'FOREFLQSDRESALE NOTICE,,'i: ~ WHEREAS,defaultu,tthepaym 't f' "al '. ,'. ,- .~ under the tenns of a' .., ' ,en opnnpIp IiI1d mteresthas occurre~ executed ànd delivereJ'~~ssorynote (the "N'0te") d~ted August 2, 2005~ to The Jackson StateB~~~~Geo¡ge.BIshoPDuPler ("Mò,rtgagor(sn~ gage") of the s~e cÌate se~urinsthe~ ,a rea1~state'mortgage_ (the "Mo1\J and delivered by said Mortgagorfs) to s~:tM:hich M()Xtgage ~as execute~ was recorded on August 10 2005 'at R , . rt~gee, and which Mortgagi! Page 841 in the records of the offi', eception o. 910784 in Book 593 ai1i ister of Deeds iD. and for Lincoln. ~e Of, tyth~sCounty Clerk ~de, x-officio Reg." WHEREAS th .' oun ,tateofWyommg;and " As . . t:'" e mo~gage was assigned for value'as follows' ' s~gnee. .:..ountrywlde Home Loans, Inc. . ~ ' Ass~gnment dated: August 2, 2005 ' ~ Ass~gnment tecord~d: August 31, 2005 ' !!- AssIgnment recording info ti 'R . !f at Page 181 nna on. at eceptionNo. 911396 in Book 596:- All in the records of theC ty cì k ". , ". ' ..'.,. , ' ~ andEor Lincoln County, Wyo:g. er and ex-offiCIO ~~gisfer of Deeds i~' WHEREAS, the Mortgage contains ' f '" - t said default, the Mortgagee declares to h: power 0 ,sale w~ch. by reason 0$ -proceeding has been instituted at law t ve bec~me operative, and no suit ot: gage, or any part thereof, nor has an ~ recov~r e debtse~uredby the Mort~ and the same discontinued; and y uch SUIt. or proceedm,g been instituteæ WHEREAS, written notice of intent to£ I h ' , .' 'r tisemen.t and sale has been served upon.lli~~~c os~t eMortgage byadver..¡; possessIon of the mortgaged premises atIe t' cor owner ~d the party in¡: mencement of this pu1;Jlication, alld the amo as~n (1 0) days pnor to the com~; date of fIrst publicatiOIto'r'~ëe of sal ~~ uf uponthe Mortgage on the;: which sum consists of theunpaid"þ..;.. i J b e~g the total sum of $63,730,96: est accrued to the date of the fIrst publl~ al~ce. of $~1,3~.88 plus inter-i¡ $1,793.20, plus late charges in the amount.o~this notice m the amount of' in the amount of $470.58, plus otheroutstan 0, plus ~ escrow advanc~¡ $68.00, plus attorneys' fees, cos~ expended, and acc ..5 ~ the amount o~: charges after 'the date of first publication of this notice ~ !Dterest and lat~: WHEREAS, ,The property being foreClosed upon ~ i; other liens' and encumbrances that will not be extinguished à\~e subject toil p~ospectiye purc,haser should research the',status of titlebefOr~, b,nffi AnYi,II bId' - 'i" rv", l1.o'ð "iJ NOW, THEREFORE Country~ide Home Loans, Inc:, as th~rt il Wil,' I have .the MOl:tgage foreclosed as bylaw P"r,o. V"l',d ,ed b,Y C, a,us' , i~gagee','1 gaged property to be sold at public venue by the Sheriff or Depu .hè;I!1:' ~d, for !-incoln County, Wyoming to the highest bidder for c ,t t'ò/~! o clock In the forenoon on February 5. 2008 at ,the froi}t door Of~inC~: County' Courth~~se. located at 925 Sage ~venue, Kemmerer, W inc;;¡ County, ~or apPhCatlOn, 0, n theabo~e-descn?edamounts secured? Mon..'! \ gage; sald mortgaged property bemg descnbed as follows, to-WIt: .í;', LOT'43, PALlS PARK SUBDIVISION, ACCORDING TO FFrJI \, CIAL PLAT THEREOF RECORDED IN THE COUNTY RECd:BR'sP OFFICE OF LINCOLN COUNTY, STATE OF WYOMING ! if with I\1l address of 189 West Mill C.irc1e, Alpine, WY 83128. j, ,f Together with all improvements thereon ~ituate and all fixtur apJ: purtenances thereto. . I: Countrywiqe Home L Inc} , By: Danetteaccii' , Castle, Meinhold & ~skt ' LegaIServiLC1! 330 S. Walsh Driv¡jz02J· Casper, wN 8~0Q¡' ~30717dl Jan. 10, 17,24,31 ' , ~/ - ROXANNE RUDY - NOTARY PUBLIC COUNTY OF STATE OF UNCOLN WYOMI:¡G MVCOMMlSSION EXPIRES 1131109 Kemmerer Wyoming 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 -d- insertions, the first publication having been made on the -l.1l day of lffIW.a\~ AD., 20.....ü...8-, and the last publication on the M day Of~4l1 QI\<ð AD., 20-1Jß-; 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 1ll the newspaper proper, and not 111 a supplement. ensen, Publisher Subscribed in my presence and sworn to be~ be on this --1- day of hU[~AD., 20-.illL. ~II/ ¿~ Dupler 07-24723 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS ) 001045'-;1 COUNTY OF NA TRONA 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, & Stawiarski Legal Services, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $1,699.72 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Photocopies Tax Certificate Publication Costs Conduct Sale Record Cert, of Sale Record Assn, of Cert, of Sale Record Sheriffs Deed Sheriffs Fee - Sale Sheriffs Fee - Costs 600,00 412,00 111,27 26.45 432,00 50,00 26.00 11,00 11,00 10,00 10,00 Total $1,699.72 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 AFFIANT SÃVf=TH N~UG~,~. (r', ) i, "-'~';'I! I"..J-.,-, '~" ,J1 ; V , I I ' By: Danette Baldaccl Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 ,(.., Subscribed in my presence and sworn to before me by Danette Baldacci this L- day of ~Lu..I'1Au-~ ,2008. , Witness my hand and official al. ), My Commission Ex ires: COSPk CINDY BAKER· NOTARY PUBLIC g County of State of NatTona Wyoming M Commission Ex Ires Oct. 10 2010 Certificate of Sale Dupler 07-24723 Page 7 of 7