HomeMy WebLinkAbout944654
6010817363
CERTIFICATE OF SALE
STATE OF WYOMING
)
) SS
)
000789
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 October 21, 2005, executed and delivered by
Dawn Hansen to Mortgage Electronic Registration Systems, Inc., as nominee for
Metrocities Mortgage, LLC and (b) that certain mortgage dated October 21, 2005
(the "Mortqaqe"), securing said note, which Mortgage was executed and
delivered by said mortgagor(s), to said mortgagee, and was recorded on October
25,2005, at Reception No. 913125 in Book 602 at Page 392 , 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 200 OF NORDIC RANCHES DIVISION NO. 13, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
FILED THEREOF
with an address of 73 Spur Loop Etna, WY 83118
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp.
Home Equity Loan Trust and for the registered holders of ACE Securities Corp.
Home Equity Loan Trust, Series 2006-HE2, Asset Backed Pass-Through
Certificates
Assignment dated: April 14, 2008
Assignment recorded: April 25, 2008
Assignment recording information: at Reception No. 938493 in Book 692 at Page
787
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, HSBC Bank USA, N.A., as
Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the
registered holders of ACE Securities Corp. Home Equity Loan Trust, Series
2006-HE2, Asset Backed Pass-Through Certificates ("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
COSPkg
RECEIVED 1/13/2009 at 11 :26 AM
RECEIVING # 944654
BOOK: 712 PAGE: 789
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Hansen 08-23329
Page 1 of 7
ÜOó790
by the affidavit attached hereto as Exhibit A and by this reference made a part
hereof.
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 December 18, 2008 issue of
said newspaper and ending with the January 8, 2009 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 January 13, 2009 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
$ 158,574.69 ("Bid Sum"), which was bid and offered by
HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home
Equity Loan Trust and for the registered holders of ACE Securities Corp.
Home Equity Loan Trust, Series 2006-HE2, Asset Backed Pass-Through
Certificates ("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 $1,897.48 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 January 13, 2009, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
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Certificate of Sale
Hansen 08-23329
Page 2 of 7
jl
00&79:1
13
DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of Januarv ,2009.
Shane Johnson
Sheriff in and for Lincovn C State
of Wyoming
J. ~+;
By:
Print Name:
John Starcevich
Title:
Deputy Sheriff
ACKNOWLEDGMENT
STATE OF WYOMING
)
) SS
)
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my
acknowledged before me by John Staruevich,
Deputy Sheriff of Lincoln County, State of Wyoming, this
January ,2009.
presence and
,
13 day of
Witness my hand and official seal.
C:', ~ ' J ~
()O),JQjY\/lIìL\...(~t LtuJ' -))) ,
Notary Public
My Commission Expires:
~,......._;~;..... ~-:·.""·1'~""f')
SAVANNA L. HAWKES = NalA~V ~UBLl6
COUNTY OF STATE OF
LINCOLN WYOMING
My Commission Expires 4 r 'J 1 ( \
.....,. .......,.~.:-~."...
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Certificate of Sale
Hansen 08-23329
Page 3 of?
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
OOû792
STATE OF WYOMING
)
) SS
)
COUNTY OF NATRONA
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
October 21, 2005 (the IMortQaQe"), and recorded on October 25, 2005, at
Reception No. 913125 in Book 602 at Page 392 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 Dawn Hansen ("Mortgagor(s)"), the named
mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee
for Metrocities Mortgage, LLC is the named mortgagee, which Mortgage was
assigned for value as follows:
Assignee: HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp.
Home Equity Loan Trust and for the registered holders of ACE Securities Corp.
Home Equity Loan Trust, Series 2006-HE2, Asset Backed Pass-Through
Certificates
Assignment dated: April 14, 2008
Assignment recorded: April 25, 2008
Assignment recording information: at Reception No. 938493 in Book 692 at Page
787
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: 71786575345000138941
CERTIFIED MAIL NO. FSN: 71786575345000141705
Dawn Hansen
73 Spur Loop
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 71786575345000138958
CERTIFIED MAIL NO. FSN: 71786575345000141712
Dawn Hansen
PO Box3145
Alpine, WY 83128
CERTIFIED MAIL NO. NOI: 70072680000200298296
CERTIFIED MAIL NO. FSN: 70081830000133190372
HSBC Bank USA, N.A, as Trustee on behalf of ACE Securities
Corp. Home Equity Loan Trust and for the registered holders of
ACE Securities Corp. Home Equity Loan Trust, Series 2006-
HE2, Asset Backed Pass-Through Certificates
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
CERTIFIED MAIL NO. NOI: 71786575345000138965
CERTIFIED MAIL NO. FSN: 71786575345000141729
Occupant
73 Spur Loop
Etna, WY 83118
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Certificate of Sale
Hansen 08-23329
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71786575345000138972
CERTIFIED MAIL NO. FSN: 71786575345000141736
American Collections Systems, Inc.
407 South 2 I" Street
P,O. Box 1289
Laramie, WY 82073
CERTIFIED MAIL NO. NOI: 70072680000200298289
CERTIFIED MAIL NO. FSN:70081830000133190365
Mortgage Electronic Registration Systems, Inc.
P.O. Box 2026
Flint, MI 48501
CERTIFIED MAIL NO. NOI: 71786575345000138989
CERTIFIED MAIL NO. FSN: 71786575345000141743
Metrocities Mortgage, LLC
15301 Ventura Blvd., Suite 0300
Sherman Oaks, CA 91403
COô793
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was December 4, 2008 and the date of the first publication of the
notice of foreclosure sale was December 18, 2008.
FURTHER AFFIANT SAYETH NAUGHT.
i
ast e, Meinhold tawiarski
Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
State of Wyoming
County of Natrona
__ Thi~ instrument was acknowledged before me on 8 day of
,JO n lJ CLX Y ,2009 by Danette Baldacci as attorney of Castle, Meinhold and
Stawiarski Legal Services, LLC.
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My commission expires: IV\ CtXC Vì \ 7J I ÒìO I )
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Certificate of Sale
Hansen 08-23329
Page 5 of 7
EXHIBIT B
OOô794
KEMMERER GAZETTE
PUBLISHER'S AFFIDAVIT
Kemmerer Wyoming
AFFIDA VIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE. NOTICE
WHEREAS, default in ·thepaYDlent of principalf!.!lq"inte~~t:has occurred
under the terms of:If'promissOl}'riote (the "Notet')çlated,Qctober 21,2005,
executed and delivered by Dawn 'Hansen ("Mortgagor(s )"}to Mortgage Elec-
tronic Registration Systems, Inc., as nominee forMetrocitiesMortgage, LLC,
an4 a real estate mortgage (the "Mortgage") of the' same date securing the
Note, which Mortgage was executed and delivered by said Mortgagor(s), to
said'Mortgagee, and which Mortgage was recorded on October'25, 2005, at
Reception No. 913125 in Book 602 at Page 392 in the records of the office of
the County Clerk and ex-officio Register of Deeds in àndfor Lincoln County,
State of Wyoming; and . . ."
WHEREAS, the mortgage was as~ignedfo(ýálueasfolil,>ws:
Assignee: HSBC Bank USA, N.A., lIS'Iì;ustee 0.11 þehaIf of ACE Securi-
ties Corp. Home EquityLoanTrustland)for'theregi~terediholders ofAC~
Securities Corp. Home EquityLoanTrus~;Serj.e1l20()6.HE2,Asset Baçked
Pass- Through Certific~es " . '. ," " , .
Assignment dated: ApÏi1l4;'2oo8 '.".:'..;..:,..,.......
, Assignment recordeti:Apri125, 2008 .... '.. ,I' .
Assignment recording inf'opn~~oIl:at R~epp.oi:r l'fo.,~38493 in Book 692
at Page 787 . '. ..... " '..' ,':', '.' .'
'All in the records of,the FounÍ}"C1~rJclU1dé~.officio Register of Deeds in
and for Lincoln CountYi*\YYPmit.tg. ',~' '.' ·....·........'.....'i':', , '
WHEREAS, the M;ortgage.'d)fitains~pow~l"of sale which by reason of
.s¡¡j.d, default,. the Mortgagee declarès to have beco~~ operative, and no suit or
proceèding ,hIlS been instituted at law to recover tlíè debt secured by the Mort-
gage, Ol'any'pllJjthereof, nor has,any sucþ suit or proceeding been instituted
and the sànie,Qi~continJ,1ed; and .: .'., , .
". '\\'HE~S; Written notice ofihtent to foreclose the Mprtgage by adver-
tiseinent.and sale ,haS been served upon the record owner and the party in
pogsessiòri:òfthe mortgaged premises .at leasHen (10) days prior to the com-
" mencemenJofthis publication, and theamQunt due upOn the Mortgage on the
dateoffustpublication of this notice of sale being the total sum of$155,424.20
which sum consists of the unpaid principal balance of $151,463,87 plus in,
terest accrued to the date of the first publication of this notice .in the amount
of $3,979.16, plus late charges in thelUIlount of$185J6, phis. an escrow
advance in the amount!)f $469.67, lessgutstanding balancC,in tile ~ount of
$673.66, plus attorneys' fees, costs expended, and accruing interest and late
charges afte~the, çlate ~ffirstPublication of this notice of sale; .
WHEREAS, The'property being foreclosed upon rnàybe subject to other
liens and encumbrances that will not be. extinguishooat the sale. Any pro-
spective purchaser should research the status of title before sub~tting a bid;
,. NOW,··THEREFC>J.m,.HS:øG"BanktJSA¡,N,A.I"a$~Tru~e'Qn.behaIf.-gt-
ACE Securiq~s·Çorp..~om~~uity Loan Trust<Ulclfc>rthe;regis.~~1'ed holders
of ACESec:ufities Corp; Hòme Equity Loan'Tfij~tWS~1i~Š~2ØQ6~lIE2. Asset
Backed Pass-Through Certificates, as the Mortgageei\ifp,lhave' the Mortgage
foreclQsed as by law provided by causing the mortgàg!l<Vpropertyto. be sold
at public venue by the Sheriflor Deputy;~heriff in ariÇl,Jor Lincoln County,
Wyoming to the highest bidder for cash at 10:00 o'cl(ck in the forenoon on
January 13, 2009 at the front door of .the Lincoln Coun~ Courthouse located
at 925 Sage Avenue, Kemmerer, WY, Lincoln County;'foi application on the
. above-described amounts secured by the Mortgage, said mortgaged property
being described as foll(}VS,lO"Wit: . .
,.LOT ZOO'OF NORDIC RANCHES DIVISION NO. 13, LINCOLN
COUNTY, WYOMING AS DESCRIBED ONTIIE OFFICIAL PLAT FILED
THEREOF
with an address of 73 Sour Looo. Etna..WY 83 I 18.
ROSEMARY CAPElLEN· NOTARY PUBLIC
County of State of
Lincoln . . Wyomln.
M Commission E~plres May 5. 2012
Tëgether with all imP~~~~;~t~~i;;~nsi~*f!.!ldallfixtures andappur-
tenancesthereto. . ··}f;:,z.,.,··, ........ ." ; . . .
. HSBC Bank USA; N.A., as Trustee on behaIfofACWSecurities Corp.
. Home Eqi1ÍtyLoan,~.st,and for, ~eregistel:'e(i'holder~¡!?fACJ? Securities
Corp. Home Equity Loan Trust, Series 2oo6-HE2,~~s!'tBacked Pass-
,... Through Certificates
. By:;Danette ßaldacci
Castle, MeinhoW&Stawiarski
'. Lé'gal ServiCes, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
. (307) 333 5379
Publish Dec. 18,24,31, Jan. 8 1218A
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;
'I
that the notice attached hereto, and which
is part of the affidavit, was published in
said newspaper for ~ insertions, the
first publication having been made on the
--.l.fL day of ~g-" Q 1'\1 Q,v, )
A.D., 20~, and the last publication on
the --ß- day Of~l\I1 (Jl~~
A.D., 20~; that said nolice was
published in a regular and entire issue of
the paper(s) in which it was published; and
that said n"otice was published III the
, ,
newspaper proper, and nol III a
,<
supplement.
~.
Michael Jensen, Publisher
Certificate of Sale
Hansen 08-23329
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
) SS
COUNTY OF NA TRONA )
000'795
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 $1,897.48
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Postage
Photocopies
Publication Cost
Conduct Sale
Record Cert. of Sale
Record Sheriffs Deed
Sheriffs Fee - Sale
Sheriffs Fee - Costs
600.00
667.00
123.98
26.90
372.60
50.00
26.00
11.00
10.00
10.00
Total
$1,897.48
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.
State of Wyoming
County of Natrona
._ This instrument was acknowledged before me on 8 day of
,~, 2009 by Danette Baldacci as attorney of Castle, Meinhold and
Stawiarski Legal Services, LLC.
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My commission expires: fV1ClJCk') 1?7¡ UìÜ I I
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Certificate of Sale
Hansen 08-23329
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