HomeMy WebLinkAbout945910
6010917499
CERTIFICATE OF SALE
STATE OF WYOMING
)
) SS
)
00ú745
COUNTY OF LINCOLN
Shane Johnson of lawful age, being fir~t 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. I
2. That a default has occurred under the terms of (a) that
certain promissory note dated September 14, 2006, executed and delivered by
Jaime Parra and Noemi Parra to Option One Mortgage Corporation and (b) that
certain mortgage dated September 14, 2006 (the "Mortqaqe"), securing said
note, which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on September 19, 2006, at Reception No. 922588
in Book 634 at Page 155 , 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 91 OF STAR VALLEY RANCH PLAT 9, LINCOLN COUNTY,
STATE OF WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT
THEREOF
with an address of 795 Vista Drive, Thayne, WY 83127-9018
Together with all improvements thereon situate and
all fixtures and appurtenances thereto,
The mortgage was assigned for value as follows:
Assignee: Deutsche Bank National Trust Company as Trustee for HSI Asset
Securitization Corporation 2007 -OPT1 Mortgage Pass-Through Certificates,
Series 2007 -OPT1
Assignment dated: January 22, 2009
Assignment recorded: January 28, 2009
Assignment recording information: at Reception No. 944932 in Book 713 at Page
864
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, Deutsche Bank National Trust
Company as Trustee for HSI Asset .Securitization Corporation 2007-0PT1
Mortgage Pass-Through Certificates, Series 2007-0PT1 ("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 3/17/2009 at 11 :09 AM
RECEIVING # 945910
BOOK: 717 PAGE: 745
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Parra 09-00015
Page 1 of 7
ÜOô746
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 February 19, 2009 issue of
said newspaper and ending with the March 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 March 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
$153,750.00 ("Bid Sum"), which was bid and offered by Deutsche Bank
National Trust Company as Trustee for HSI Asset Securitization
Corporation 2007-0PT1 Mortgage Pass-Through Certificates, Series 2007-
OPT1 ("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 $2,088.06 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 March 17, 2009, the date of the sale,
unless the prDperty shall have been redeemed as provided by law prior to that
time.
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Certificate of Sale
Parra 09-00015
Page 2 of 7
û06747
DATED at Kemmerer, Lincoln County, State of Wyoming, this
17 day of March I 2009.
Shane Johnson
Sheriff in andDor' County, State
of Wyoming
Byj ,S~~¡ ,
Print Name:
John Starcevich
Title:
Deputy SHeriff
ACKNOWLEDGMENT
COUNTY OF LINCOLN
)
) SS
)
STATE OF WYOMING
The foregoing instrument was subscribed in my presence and
acknowledged before me by John Starcevich, Deputy Sheriff ,
Deputy Sheriff of Lincoln County, State of Wyoming, this 17 day of
March ,2009.
Witness my hand and officiar seal.
l~w \WY\JY\~ 0(ü~-kj:j__
Notary Public
My Commission Expires:
~"""''i.;''''''''-'--''' ,'_..........~-
SAVANNA L. HAWKES - NOTARY PUBLIC
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Certificate of Sale
Parra 09-00015
Page 3 of 7
EXHIBIT A
OOó748
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
September 14, 2006 (the "Mortqaqe"), and recorded on September 19, 2006, at
Reception No. 922588 in Book 634 at Page 155 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 Jaime Parra and Noemi Parra ("Mortgagor(s)"), the
named mortgagor(s), and Option One Mortgage Corporation is the named
mortgagee, which Mortgage was assigned for value as follows:
Assignee: Deutsche Bank National Trust Company as Trustee for HSI Asset
Securitization Corporation 2007-0PT1 Mortgage Pass-Through Certificates,
Series 2007 -OPT1
Assignment dated: January 22, 2009
Assignment recorded: January 28, 2009
Assignment recording information: at Reception No. 944932 in Book 713 at Page
864
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 publjshed 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: 71786575345000164186
CERTIFIED MAIL NO. FSN: 71786575345000166746
Jaime Parra
795 Vista Drive
Thayne, WY 83127-9018
CERTIFIED MAIL NO. NOI: 71786575345000164209
CERTIFIED MAIL NO. FSN: 71786575345000166760
Jaime Parra
PO Box 3414
Alpine, WV 83128-0414
CERTIFIED MAIL NO. NOI: 70081830000133196039
CERTIFIED MAIL NO. FSN: 70083230000075872701
Deutsche Bank National Trust Company as Trustee for HSl Asset
Securitization Corporation 2007-0PTJ Mortgage Pass-Through
Certificates, Series 2007-0PTl
3 Ada
Irvine, CA 92618
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CERTIFIED MAIL NO. NOI: 71786575345000164193
CERTIFIED MAIL NO. FSN: 71786575345000166753
Noemi Parra
795 Vista Drive
Thayne, WY 83127-9018
CERTIFIED MAIL NO. NOI: 71786575345000164216
CERTIFIED MAIL NO. FSN: 71786575345000166777
Noemi Parra
PO Box 3414
Alpine, WY 83128·0414
CERTIFIED MAIL NO. NOI: 71786575345000164223
CERTIFIED MAIL NO. FSN: 71786575345000166784
Occupant
795 Vista Drive
Thayne. WY 83127-9018
Certificate of Sale
Parra 09-00015
Page 4 of7
CERTIFIED MAIL NO. NOI: 71786575345000164230
CERTIFIED MAIL NO. FSN: 71786575345000166791
Option One Mortgage Corporation
3 Ada
Irvine, CA 92618
CERTIFIED MAIL NO. NOI: 71786575345000164254
CERTIFIED MAIL NO. FSN: 71786575345000166814
Noemi Parra
795 Vista Drive
Star Valley Ranch, WY 83127-901 B
CERTIFIED MAIL NO. NOI: 71786575345000164247
CERTIFIED MAIL NO. FSN: 71786575345000166807
Jaime Parra
795 Vista Drive
Star Valley Ranch, WY 83127
('.,o~·, 749
.... 0
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was February 6, 2007 and the date of the first publication of the
notice of foreclosure sale was February 19, 2009.
FURTHER AFFIANT SA YETH NAUGHT.
y: anette Baldacc'
ast e, Meinhold & Stawiarski
Le al Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
State of Wyoming
County of Natrona
'. This instrument was acknowledged before me on
I Oì day of rn ax elj , 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
f'\(~L.l~ìl /lh~C\~æ/\
~n~tar21 Q.lcer)
) / l/lUIC
Title (and R nk)
My commission expires: rnClJ CJl \ '1) i ÒìO I .
COSPkg
Certificate of Sale
Parra 09-00015
Page 5 of 7
EXHIBIT B
~ 0"''''750
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PUBLISHER'S AFFIDAVIT
KEMMERER GAZETTE
Kemmerer Wyoming
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
STATE OF WYOMING
) ss.
County of Lincoln
I, Michael Jensen, d.o solemnly swear that
FORECLOSURE SALE NOTICE.
WHEREAS, ,default in the payment or-principal andinteresthaSoccurred
under the terms ofa promissory note (the "Note") dated September 14, 2006,
executed and delivered by Jaime Parra and Noemi Parra ("Mortgagor(s)") to
Option One Mortgage Corporation, and a real estate mortgage (the "Mort-
gage") 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 September 19, 2006, at Reception No. 922588 in Book 634 at
Page 155 in the records of the office of the County Clerk and ex-officio Reg-
ister of Da.eds in and for Lincoln County, State of Wyoming; and·
WHEREAS, the mortgage was assigned for value as follows:
Assignee: Deutsche Bank National Trust Company as Trustee for HSI
Asset Securitization Corporation 2007-0PTI Mortgage Pass-Through Cer-
tificates, Series 2007-0PTl
Assignment dated: January, 22, 2009
Assignment recorded: January 28, 2009
Assignment recording information: atReception No. 944932 in Book 713
at Page 864
All in the records of the County Clerk and ,ex-officio Register of Deeds in
and for Lincoln County, 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 suit orproceeding been instituted
and the same discontinued; and· ., .
WHEREAS, written notice of intent to foreclose the Iy1ortgage,by adver-
tisement and sale has been served 'upon the record owner and the party in
possession or the mortgaged premises at least ten (10) days prior to the com-
mencement of this publication, and the amount due upon theMortgage on the
date of first publication of this notice of sale being the total sum of$182,339.83
which sum consists of the unpaid principal balance of $176,571.85 plus in-
terest accrued to the date of the first publication of this notice in the amount
of $4,957.56, plus late charges in the amount of $205.44, plus an escrow
. advance in theamountof $179 .98, plus other outstanding charges in the amount
of $425.00, plus attorneys.' fees, costs expended, and accruing interest and
late charges after the dateof!firstpublication of this nòtice of sale;
WHEREAS, The property being foreclosed upon maybe subject tQ. other
liens and encumbrances that will not be extinguished at the sale, Any pro-
spective purchaser should research the status of title before submitting a bid;
NOW, THEREFORE Deutsche, Bank National Trust Company as Trustee
for HSI Asset Securitization Corporation 2007 -OPT 1 Mortgage Pass-Through
Certificates, Series 2007-0PT1, as the Mortgagee, will have the Mort~ilge
foreclosed as bylaw provided þy cau~ing the mortgaged property to be sold
at public venue by the SheriffòrDeputy Sheriff in and for Lincoln County,
Wyoming tothe highest bidder for cash at lO:OOo'clock in the forenoon on
March 17, 2009 at the front.door of the Lincoln County Courthouse locatéd
at 925 Sage Avenue, Kèinmerer; WY, Lincoln Coul).ty, for application on the
, above-described amounts secured by the Mortgage, said mortgaged property
being described as follows,'to-wit: . .
LOT 91 OF STAR VALLEY RANCH PLAT 9, LINCOLN COUNTY,
STATE OF WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT
THEREOF '
with an address of795 Vista Drive, Thayne, WY 83127-9018,
Together with all improvements thereon situate and all fixtures and appur-
tenances thereto.
I am the publisher of the Kemmerer
Gazette,' a weekly paper of general
circulation, published once a week at
I
Kemmerer, Lincoln County, Wyoming;
that the notice attached hereto, and which
is part of the affidavit, was published in
said newspaper for --1- insertions, the
first publication having been made on the
~daYOf~
A.D., 20~, and the last publication on
the ~ day of '-1\lO.h ~ hJ _
A.D., 20---..CfL; that said notice was
·1
!
I
v
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 no I
In a
.'
supplement.
sen, Publisher
ROSEMARY CAPEllEN . NOTARY PUBUC
County of . State of
Lincoln Wyomlnl
My CQmmfsslon Expires May 5, 2012
presence and sv:orn to
/
before
Deutsche Bank National Trust Company .asTrustee for HSI Asset
Securitization Corporation 2oo7-0PTl Mortgage Pass-Through Certifi-
, cates, Series 2007-0PTl
By: Danette Baldacci
Castle, Meinhold & Stawiarski
. Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
Publish Feb. 19,26, March 5,12 0219B
Certificate of Sale
Parra 09-00015
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
)SS
COUNTY OF NA TRONA )
00&751.
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 $2,088.06
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
Total
600.00
722.00
148.26
27.80
483,00
50.00
26.00
11.00
10.00
10.00
$2,088.06
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.
y: anette Baldac
Cas Ie, Meinhold & Stawiarski
Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
State of Wyoming
County of Natrona
This instrument was acknowledged before me on J .(1) day of
r)ì ClJ-Ch ,2009 by Danette BaldaGci as attorney of Castle, Meinhold and
Stawiarski Legal Services, LLC. . .. ~
~~í~~nr~c~
Titl~(~ni:(~~k) LLbJ·i C
My commission expires: mCLrC~h /'?7 1''2))0 I
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Certificate of Sale
Parra 09-00015
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