HomeMy WebLinkAbout945187
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6010816970
CERTIFICATE OF SALE
STATE OF WYOMING
)
) SS
)
0001.93
COUNTY OF LINCOLN
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 October 6, 2006, executed and delivered by Nikki
Skeoch and Robert K. Skeoch to Mortgage Electronic Registration Systems, Inc.,
as nominee for New Century Mortgage Corporation and (b) that certain mortgage
dated October 6, 2006 (the "Mortqaqe"), securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on October 16, 2006, at Reception No. 923424 in Book 637 at Page
196 , 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 144 OF NORDIC RANCHES DIVISION NO. 10, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
FILED ON APRIL 4, 2001 AS INSTRUMENT NO. 872486 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK
with an address of 1002 Lariat Drive Etna, WY 83118
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: US Bank National Association, as Trustee for Citigroup Mortgage Loan
Trust 2006-HE3
Assignment dated: December 15, 2008
Assignment recorded: December 19, 2008
Assignment recording information: at Reception No. 944241 in Book 711 at Page
392
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
reèover 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, US Bank National Association,
as Trustee for Citigroup Mortgage Loan Trust 2006-HE3 ("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.
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RECEIVED 2/10/2009 at 10:20 AM
RECEIVING # 945187
BOOK: 715 PAGE: 193
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certíficate of Sale
Skeoch 08-13688
Page 1 of 7
û-Oô194
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 15, 2009 issue of said
newspaper and ending with the February 5, 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 February 10, 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
$237,150.00 ("Bid Sum"), which was bid and offered by US Bank National
Association, as Trustee for Citigroup Mortgage Loan Trust 2006-HE3
("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 $2,412.15 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 10, 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
Skeoch 08-13688
Page 2 of 7
ûOô195
DATED at Kemmerer, Lincoln County, State of Wyoming, this
10 day of February , 2009.
Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
---
Print
John Jackman
Title:
Deputy Sheriff
ACKNOWLEDGMENT
STATE OF WYOMING
)
) SS
)
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my
acknowledged before me by John Jackman
Deputy Sheriff of Lincoln County, State of Wyoming, this
February ,2009.
presence and
,
10 day of
My Commission Expires:
O£-88·-;20({
Witness my hand and official seal.
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Certificate of Sale
Skeoch 08-13688
Page 3 of 7
EXHIBIT A
(,001.96
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING
COUNTY OF NA TRONA
)
) 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
October 6, 2006 (the IMortQaQe"), and recorded on October 16, 2006, at
Reception No. 923424 in Book 637 at Page 196 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 Nikki Skeoch and Robert K. Skeoch ("Mortgagor(s)"),
the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as
nominee for New Century Mortgage Corporation is the named mortgagee, which
Mortgage was assigned for value as follows:
Assignee: US Bank National Association, as Trustee for Citigroup Mortgage Loan
Trust 2006-HE3
Assignment dated: December 15, 2008
Assignment recorded: December 19, 2008
Assignment recording information: at Reception No. 944241 in Book 711 at Page
392
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: 71786575345000147455
CERTIFIED MAIL NO. FSN: 71786575345000150219
Robert K. Skeoch
1002 Lariat Drive
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 71786575345000147479
CERTIFIED MAIL NO. FSN: 71786575345000150226
Nikki Skeoch
1002 Lariat Drive
Etna. WY 83118
CERTIFIED MAIL NO. NOI: 71786575345000147493
CERTIFIED MAIL NO. FSN: 71786575345000150240
Robert K. Skeoch
P.O. Box 5070
Etna, WY 83118
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CERTIFIED MAIL NO. NOI: 71786575345000147462
CERTIFIED MAIL NO. FSN: 71786575345000150288
Robert K. Skeoch
4525 N 66th St Unit 61
Scottsdale, AZ 85251
CERTIFIED MAIL NO. NOI: 71786575345000147486
CERTIFIED MAIL NO. FSN: 71786575345000150233
Nikki Skeoch
4525 N 66th St Unit 61
Scottsdale. AZ 85251
CERTIFIED MAIL NO. NOI: 71786575345000147509
CERTIFIED MAIL NO. FSN: 71786575345000150257
Nikki Skeoch
P.O. Box 5070
Etna, WY 83118
Certificate of Sale
Skeoch 08-13688
Page 4 of 7
ûOó197
CERTIFIED MAIL NO. NOI: 70072680000200286545
CERTIFIED MAIL NO. FSN: 70081830000133195254
US Bank National Association, as Trustee for Citigroup Mortgage
Loan Trust 2006-HE3
3476 Stateview Blvd, MAC# X7801-013
Fort Mills, SC 297]5-7200
CERTIFIED MAIL NO. NOI: 71786575345000147516
CERTIFIED MAIL NO. FSN: 71786575345000150264
Occupant
1002 Lariat Drive
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 70072680000200286552
CERTIFIED MAIL NO. FSN: 70081830000133195261
Mortgage Electronic Registration Systems, Inc.
P.O. Box 2026
Flint, MI 48501
CERTIFIED MAIL NO. NOI: 71786575345000147523
CERTIFIED MAIL NO. FSN: 71786575345000150271
New Century Mortgage Corporation
J 8400 Von Karman, Suite 1000
Irvine, CA 92612
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was December 29, 2008 and the date of the first publication of the
notice of foreclosure sale was January 15, 2009.
FURTHER AFFIANT SA YETH NAUGHT.
~~) ~~J
B· anette Baldác·· .
Castle, Meinhold & Stawiarski
Legal ServicE1s, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
State of Wyoming
County of Natrona
_~ ,This illstru,ment was acknowledged before me on
,5 day of '-.- - r . ,,' ,2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Lega Services, LLC.
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Certificate of Sale
Skeoch 08-13688
Page 5 of 7
EXHIBIT B
ûO\i1.98
PUBLISHER'S AFFIDAVIT
KEMMERER GAZETTE
Kemmerer Wyoming
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
"1FORECLOSURE SALE.:NOĊIQEi;':. ....
WHEREAS, default in the payment' ~f principal and interest has· occurred;;
under the terms ofapromissory note. (the "Note") dated October 6,2006;
executed and delivered by Nikki Skeoch and Robert K. Skeoch
("Mortgagor(s)") to Mortgage Electronic Registration Systems, Inc., as nomi-
nee for New Century Mortgage Corporation, and a real estate mortgage (the
"Mortgage") of .the same date securing the Note, which Mortgage was ex-
ecuted and'delivered by said Mortgagor(s),.to said Mortgagee, and which
Mortgage was recorded on October 16, 2006, at Reception No. 923424 in'
Book 637 at Page 196 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
.' WHEREAS, the mortgage was assigned for value as follows:
Assignee: US Bank National Association, as Trustee for Citigroup Mort-
gage Loan Trust 2Q06~HE3
Assigmnent dated: December 15, 2008
'Assignment recorded: December 19,2008
Assignment recording infonnation: at Reception No. 944241 in :Book 711
at Page 392 ... . .
All in the records of the County Clerk andex-ofñcio Register of Deeds in
and for Lincoln CoUilty, Wyoming.
WHEREAS, the Mortgage contains· a power of sale which by reason of
said default, the Mortgagee declares to have become operative, and no suit or
proceeding has been instituted.at law to recover the debt secured by the Mort-
gage, or any part thereof, nor has any such suitor proceeding been instituted
and the same discontinued; and· . '.' .;, .
WHEREAS, written notice of iI¡.tent to¡f,oreclose the Mortgage byadver-
tisement and sale has been served upon the record owner and the 'þ~ in
possession of·the mortgaged premises at least ten (10) days priorto the com-
mèncement of this publication, and the amount due upon the Mortgage on the
date of first 1mblication of this notice of sale being the total sum of $342,203.11
which sum c.onsists of the unpaid principal balance of $313,657.05 plus in-
terest accrued to the date of the first publication of this notice in the amount
of $21,968.67, plus late charges in the amount of $823.36, plus Iµl escrow
advance in the amount of $5,651.03, plus other outstanding charges in the
amount of $103.00, plus attorneys' fees, costs expended, and accruing inter-
est and late charges after the date of first publication of this notice of sale;
WHEREAS, The property being foreclosed upon may be subject to
other liens and encumbrances that will not be extinguished at the sale. Any
prospective purchaser should research the status of title before submitting a
bid; .
NOW, THEREFORE US Bank National Association, as'Trustee,for
Citigroup Mortgage Loan Trust 2006-HE3, as the Mortgagee, will have the
Mortgage foreclosed as by law provided by causing the mortgaged prop~rty
to be sold at publif;;.venueby the Sheriff or Deputy Sheriffín and for Lincoln
County, Wyoming to the highest bidder for cash attO:OO o'clock in the fore-
noon on February 10, 2009 at the front door of the Lincoln County Court-
house located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for ap-
plication on the above-described amounts secured by the Mortgage, saj.d
mortgaged property being described as follows, to-wit: .
LOT 144 OF NORDIC RANCHES DIVISION NO. 10, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED
ON APRIL 4, 2001 AS INSTRUMENT NO. 872486 OF THE RECORDS
OF THE LINCOLN COUNTY CLERK
with an address of 1002 Lariat Drive, Etna, WY 83118.'
Together with all improvements thereon situate and all fixtures and appur-
tenances thereto.
STATE OF WYOMJNG
) 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 ---A- insertions, the
first publication having been made on the
~ day of Cif'J'I!(t"~
A.D., 20 oCf , and the last publication on
the ~ day of ~1-N.H.n J\1t
A.D., 20-1ìL; that said nolice was
i
I
I
l·
published in a regular and entire issue of
the paper(s) in which it was published; and
that said notice was published In the
newspaper proper,
and not
In a
supplement.
.,
Subscribed in my presence and sv;orn to
ROSEMARY CAPELLEN· NOTARY PUBLIC
County of State of
Uncoln Wyomina
M Commission E~pires May 5. 2012
(
\..__/
US Bank National Association, as Trustee for Citigroup Mortgage Loan
Trust 2006-HE3
By: Danette Baldacci
Castle, Meinhold &Stàwiarski
Legal Services, lJ.C
330 S. Walsh Dnve, Ste. 202
Casper, WY .82609-0000
Publish: J1U1. 15, 22, 29, Feb. 5 (307) 333 -5379
0115
Certificate of Sale
Skeoch 08-13688
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
) SS
COUNTY OF NA TRONA )
00&1.99
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 $2,412.15
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Postage
Photocopies
Publication Cost
Record AOM
Conduct Sale
Record Cert. of Sale
Record Sheriff's Deed
Sheriff's Fee - Sale
Sheriff's Fee - Cost
Total
600.00
1,027.00
158.90
28.25
483.00
8.00
50.00
26.00
11.00
10.00
10.00
$2,412.15
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.
: anet e Sal acci
astle, Meinhold & Stawiarski
Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
State of Wyoming
County of Natrona
Thi~ in~trument was acknowledged before me on 5 day of
.. tY ,2009 by Danette Saldacci as attorney of Castle, Meinhold and
Stawiarski Le al Services, LLC. r\
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Certificate of Sale
Skeoch 08-13688
Page 7 of 7