HomeMy WebLinkAbout945324
6010817366
CERTIFICATE OF SALE
STATE OF WYOMING
)
) SS
)
Ü00559
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 September 19, 2006, executed and delivered by
Rodney G. Jones and Marilyn L. Jones to H & R Block Mortgage Corporation and
(b) that certain mortgage dated September 19, 2006 (the "Mortqaqe"), securing
said note, which Mortgage was executed and delivered by said mortgagor(s), to
said mortgagee, and was recorded on October 4, 2006, at Reception No.
923073 in Book 635 at Page 862 , 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 204 IN NORDIC RANCHES DIVISION NO. 13, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
THEREOF
with an address of 157 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: Option One Mortgage Corporation
Assignment dated: September 30,2007
Assignment recorded: October 15, 2007
Assignment recording information: at Reception No. 934057 in Book 675 at Page
567
Assignee: Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan
Trust 2007-1 Asset-Backed Certificates, Series 2007-1
Assignment dated: December 15, 2008
Assignment recorded: December 19, 2008
Assignment recording information: at Reception No. 944240 in Book 711 at Page
390 '
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 2007-1 Asset-Backed Certificates,
Series 2007-1 ("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
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RECEIVED 2/17/2009 at 12:00 PM
RECEIVING # 945324
BOOK: 715 PAGE: 559
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Jones 08-24030
Page 1 of 7
uUv::ÞbU
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.
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 22, 2009 issue of said
newspaper and ending with the February 12, 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 17, 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
$223,002.68 ("Bid Sum"), which was bid and offered by Wells Fargo Bank, N.A.
as Trustee for Option One Mortgage Loan Trust 2007-1 Asset-Backed
Certificates, Series 2007-1 ("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 $2,183.66 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 17, 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
Jones 08-24030
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OOJ561
DATED at Kemmerer, Lincoln County, State of Wyoming, this
17 day of February ,2009.
Shane Johnson
Sheriff in and for Linc In County, State
of Wyoming
Title:
\)\~~ \l-~~/r\';
Deputy SHeriff
ACKNOWLEDGMENT
STATE OF WYOMING
)
) SS
)
COUNTY OF LINCOLN
The foregoing instrument was sub,§,cribed in my
acknowledged before me by ~~V\ß \L\\)~ rt~
Deputy Sheriff of Lincoln County, State o:fl Wyoming, this 1/
February , 2009.
presence and
day of
My Commission Expires:
Witness my hand and official seal.
&\m~mlÎ'\[LcçJ 'N(lþ.)~LL
Notary Public
~';<>-':i.-,,-..-,~ ..'......-.;.,¡'....¢~~
SAVANNA L. HAWKES - NOTARY PU6llC
,;f' "
COUNTY OF
LINCOLN
$íATE Of
" . WYOMI~G
ionJKpj¡e,~, L\ I '2-1 III .
-"-" ..,..'-, "~""'-~~'-~4>-
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EXHIBIT A
000562
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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
September 19, 2006 (the "Mortqaqe"), and recorded on October 4, 2006, at
Reception No. 923073 in Book 635 at Page 862 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 Rodney G. Jones and Marilyn L. Jones
("Mortgagor(s)"), the named mortgagor(s), and H & R Block Mortgage
Corporation is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: Option One Mortgage Corporation
Assignment dated: September 30, 2007
Assignment recorded: October 15, 2007
Assignment recording information: at Reception No. 934057 in Book 675 at Page
567
Assignee: Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan
Trust 2007-1 Asset-Backed Certificates, Series 2007-1
Assignment dated: December 15, 2008
Assignment recorded: December 19, 2008
Assignment recording information: at Reception No. 944240 in Book 711 at Page
390
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 co~mencement 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 rpail, return receipt requested, to all parties as required by Wyoming
statutes, t;>efore the notice was published, as follows:
CERTIFIED Moi\lL NO, NOI: 71786575345000148421
CERTIFIED MAIL NO, FSN: 71786575345000155047
Rodney G, Jones
157 Spur Loop
Etna, WY 83] 18
CERTIFIED MAIL NO. NOI: 71786575345000148438
CERTIFIED MAIL NO. FSN: 71786575345000155054
Rodney G, Jones
PO Box 626
Woodward, OK 73802-0626
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Certificate of Sale
Jones 08-24030
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CERTIFIED MAIL NO, NOI: 71786575345000148445
CERTIFIED MAIL NO, FSN: 71786575345000155061
Marilyn L. Jones
157 Spur Loop
Etna, WY 831] 8
CERTIFIED MAIL NO, NOI: 71786575345000148469
CERTIFIED MAIL NO, FSN: 71786575345000155085
Rodney G, Jones
p.a, Box 1771
Wilson, WY 83014-1771
CERTIFIED MAIL NO, NOI: 70072680000200294595
CERTIFIED MAIL NO, FSN 70081830000133209173
Wells Fargo Bank, NA as Trustee for Option One Mortgage
Loan Trust 2007 -I Asset-Backed Certificates, Series 2007-1
3 Ada
Irvine, CA 92618
CERTIFIED MAIL NO. NOI: 71786575345000148490
CERTIFIED MAIL NO, FSN: 71786575345000155115
Occupant
157 Spur Loop
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 71786575345000148452
CERTIFIED MAIL NO, FSN: 71786575345000155078
Marilyn L. Jones
PO Box 626 ~O~~1563
Woodward, OK 73802-0626 '1:.. ...,
CERTIFIED MAIL NO, NOI: 71786575345000148476
CERTIFIED MAIL NO. FSN: 71786575345000155092
Marilyn L. Jones
p.a, Box 1771
Wilson. WY 83014-1771
CERTIFIED MAIL NO, NOI: 71786575345000148483
CERTIFIED MAIL NO FSN: 71786575345000155108
Option One Mortgage Corporation
3 Ada
Irvine, CA 92618
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was January 5, 2009 and the date of the first publication of the
notice of foreclosure sale was January 22, 2009.
FURTHER AFFIANT SA YETH NAUGHT.
State of Wyoming
County of Natrona
_ This instrument was acknowledged before me on
I I day of r~ (J r 1,[ QJ ~, 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Lega Services, LLC.
(\
My commission expires:
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Certificate of Sale
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EXHIBIT B
ûOú564
KEMMERER GAZETTE
PUBLISHER'S AFFIDAVIT
Kemmerer Wyoming
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
'FORECLOSURE SÁLENÓTlCE,
WHEREAS, default in the payment ofprincipafahd interest has occurred
under the terms of a: promissory note (the "Note") dated September 19, 2006,
executed and delivered by Rodney G. Jones and Marilyn,L. Jones
("Mortgagor(s)")to H & RBlock Mortgage Corporation, and a real estate
mortgage (the "Mortgage") of the same date securing the Note, which Mort-
"gage was executed and delivered by said Mortgagor(s), to said Mortgagee,
and which Moitgage was recorded on October 4, 2006, at Reception No.
923073 in Book 635 at Page 862 in the records of the office of the County
Clerk ånd ex-officio' Register of Deeds in and for Lincoln County,' State of
Wyoming; and
WHEREAS, the mortgage was assigned for valuè as follows:
Assignee: Option One Mortgage Corporation !
Assignment dated: September 30, 2007
Assignment recorded: October 15, 2007 , ,.' ,"
Assignment recording information: at Reception No. 934057Í1;1Bpok 675
ì at Page 567 '
Assignee: Wells Fargo Bank, N.A. as Truste~ for Option One, Mortgage
Loan Trust 2007-1Asset-Backed Certificates, Series 2007-1
Assignm~nt dated: Deèember 15,2008
Assignment recQrded:December19, 2008 ",. " . '.
Assignment recording informatiòn: at Reception No. 944240 in Book711
at Page 390 .', ' .,.."....,.' .'.,:,
All in the records of the County£lerk íI11dex'officioR~gisterofPeeds in
. and for Lincöln County, Wyoming;>" . ',' .','.'. i " " '. ,'.',..
WHEREAS, the Mortgage contains a power of sale which by ,reason of
said default, the Mortgagee declares to have become operanve, 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 suit or proceeding been instituted
and the same discontinued; and,
WHEREAS, written notice of intent to foreclose the Mortgage by adver-
tisement and sale has been served upon the record owner and the party in
possession of the mortgaged premises at 1east,ten (10) days prior to the com-
mencement of this publication, and the amount due upon the Mortgage on the
date of first publication of this notice of sale being the total sum of $217,835.21
which sum consists of the unpaid principal balance of $207,348.44 plus in-
terest accrued to the date of the first publication of this notice in .the amount
of $9,876.67, plus late charges in the amount of $337.14, plus an escrow
advance in the amount of $252.96, plus other outstanding charges in the amount
of $20.00, plus attorneys' fees, costs expended, and accruing interest 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 Wells Fargo Bank, N.A. as Trustee for Option One
Mortgage Loan Trust 2007-1 Asset-Backed Certificates, Series 2007-1, as
the Mortgagee, will have the Mortgage foreclosed as by law provided by
causing the mortgaged property to be sold at public venue by. the Sheriff or
Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for '
cash at 10:00 0' clock in the forenoon on February 17, 2009 at the front door
of the Lincoln County Courthouse located at 925 Sage Avenue, KeI1ll11erer,
WY, Lincoln County, for applicatiori on the above-described amounts secured
by the Mortgage, said mortgaged property being described as follows, to-wit:
LOT 204 IN NORDIC RANCBES DIVISION NO. 13, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
THEREOF . .- . r.r
ROSEMARY CAPELL EN . NOTARY PUBLIC
County of State of
Lincoln Wyominl
My Commission E'pires May 5,2012
with an address of 157 Spur Loop, Etna, WY 83118.
Together with all improvements thereon situate and all fixtuiès and appur-
tenances thereto. ' .
Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust
2007-1 Asset-Backed Certificates, Series 2007-1
By: Danette Baldacci
Castle, Meinhold & Stawiarski
Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
Puþlish Jan. 22, 29, Feb. 5, 12 0122A
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 --"'Î- insertions, the
first publication having been made on the
~ day Of~
A.D.. 20-D9-.-. and~e last PU~ication on
II l-
the ~ day of J.e_ T}r.t{~4Õ
A.D., 20 ()c¡ ; that said nolice was
published in a regular and entire issue of
the paper(s) in which it was published; and
that said rfotice was published 111 the
newspaper proper, and not
III a
':
supplement.
ens en, Publisher
Subscribed in my presence and sworn to
.-.--~.~-
-----.-
/./
Certificate of Sale
Jones 08-24030
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
) SS
COUNTY OF NATRONA )
ûOû565
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 $2,183.66
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 Sheriff's Deed
Sheriff's Fee - Sale
Sheriff's Fee - Costs
600.00
790,00
148.26
27,80
510,60
50,00
26,00
11,00
10,00
10.00
Total
$2,183,66
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 AFFI
State of Wyoming
County of Natrona
This in trument was acknowledged before me on \ I day of
r V, 2009 by Danette Baldacci as attorney of Castle, Meinhold and
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Certificate of Sale
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