Loading...
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. COSPkg 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 ( \ .....,. .......,.~.:-~."... COSPkg 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 COSPkg 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. . '. i' t.r::'-.*. ~,,1;n,:.::~-...-.>_·_·-"-"'í;¡{)'TÃFN13l.mLí(r~/>"~;''''>¡.:.¡ f~O() 1) Jrl'~' .~ >t~(~.. ~/\ h~' .,. ',,' '~F¡\ G¡"E~¡" " ,L1. - - - ¡:.'{ í' . ';r) ~~;T/.\TE of¡j0'i{on!1~NG''i. t.J. (S!gnatur 0 m:Jl\arial fficer) Þ:1JW~' GQ~;:~i?;;~~~1~1~~;~f}~:r;~~:~.~.~~~~~J,¡ Nntcl V\I vu b \ I C t,,,,,j'¡;';a:;.,,,~..=,,,:<~,,,,,,,,",,,,,: ".","~">C"''''<W>",''"",,,,,,,,,,,,,,,,.,,-, Title (a nd Rank) My commission expires: IV\ CtXC Vì \ 7J I ÒìO I ) COSPkg 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 $1,897.48 3. That the above-mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firm of Castle, Meinhold, & Stawiarski Legal Services, LLC. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee when so added to the debt involved shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. State of Wyoming County of Natrona ._ This instrument was acknowledged before me on 8 day of ,~, 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. ¡\j,c'·"'~;:~FÙ:.~...,."·..·~·".·,,. ·'i~IÕ~f/~¡W.'~.;~L,."Ò1:í"(P';'L'i"'i'''·~':¡.'.:ì.· 11C~. .~ x~i R }(l~}I\ 0/\ l' 4 : \\ V' '.[i> ',.\ .!'~" [\,0::: I,;) (\ . \" k' "" " ",H.\,.;UI\\I',..;¡, ('\ (5' t t . I ) I¡ ~ '; . :n¡:ò:n:: Of' WYOIVIH\IG' ::1 Igna ure no ana 0 Ic~r ¡¡, C(,¡Ui'.iTY 01= 1',fJ\nWNA ~¡ N r t·O Y I I2.Lt.bJ ( ~¡~Il~':13:r;n¡;!,I~~.?L9,pJ~l'$ti~i.f~";\?'!if.¡5~r,J},_?Q:.1j J;Ï ). \ ' """ .,'"'''',..'"A_".",.,."'.",'-'',,,....'"...'''''-i..:,.,,,",,,,,,,,,,;-;,JJ Title (and Rank) My commission expires: fV1ClJCk') 1?7¡ UìÜ I I COSPkg Certificate of Sale Hansen 08-23329 Page 7 of 7