HomeMy WebLinkAbout946098
6010817469
CERTIFICATE OF SALE
STATE OF WYOMING
COUNTY OF LINCOLN
)
) SS
)
ûO\i533
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 March 29, 2007, executed and delivered by Kristin
Sorensen and Lance C. McFadden to Mortgage Electronic Registration Systems,
Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp. and (b) that certain
mortgage dated March 29, 2007 (the "Mortqaqe"), securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on April 2, 2007, at Reception No. 928095 in Book 653 at
Page 272 , 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 13 OF BEAR HOLLOW TWIN HOMES SUBDIVISION,
LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE
OFFICIAL PLAT THEREOF.
with an address of 522 Kodiak Circle, Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
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, Mortgage Electronic Registration
Systems, Inc as nominee for Taylor, Bean & Whitaker Mortgage Corp.
("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.
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 26, 2009 issue of said
newspaper and ending with the February 19, 2009 issue thereof and again once
a week for four (4) consecutive weeks, commencing with the February 26, 2009
issue of said newspaper and ending with the March 19, 2009 issue thereof; that
said notices were 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 notices 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 notices and the publisher's affidavit of publication thereof are
attached hereto as Exhibit 8 and by this reference made a part hereof.
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RECEIVED 3/24/2009 at 11 :27 AM
RECEIVING # 946098
BOOK: 718 PAGE: 533
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
Certificate of Sale
Sorensen 08-26186
Page 1 of8
ÜOv534
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On March 24, 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
$224,955.53 ("Bid Sum"), which was bid and offered by Mortgage Electronic
Registration Systems, Inc as nominee for Taylor, Bean & Whitaker
Mortgage Corp. ("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 $2,643.15 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 March 24, 2009, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
DATED at Kemmerer, Lincoln County, State of Wyoming, this
24 day of March , 2009.
Shane Johnson
Sheriff in and for
of Wyoming
n County, State
By \J' sC
Print Name: John Starcevich
Title:
Deputy Sheriff
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Certificate of Sale
Sorensen 08-26186
Page 2 of 8
ACKNOWLEDGMENT
OO\i535
STATE OF WYOMING
)
) ss
)
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my
acknowledged before me by John Starcevich
Deputy Sheriff of Lincoln County, State of Wyoming, this
March ,2009.
presence and
I
24 day of
Witness my hand and official seal.
R(1~ãI\NY\1."--C1 N(L~
Notary Public
My Commission Expires:
~"'"'(J.~.......n,. ,-,·:·.~:~·,:-,t,·_~:-1?"~:..~}:· ' .
SAVANNA L HAWKES - NOTARY PUBLIC
COUNTY OF
LINCOLN
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Certificate of Sale
Sorensen 08-26186
Page 3 of 8
EXHIBIT A
00&536
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING
COUNTY OF NATRONA
)
) 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
March 29, 2007 (the "Mortqaqe"), and recorded on April 2, 2007, at Reception
No. 928095 in Book 653 at Page 272 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 Kristin Sorensen and Lance C. McFadden ("Mortgagor(s)"),
the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as
nominee for Taylor, Bean & Whitaker Mortgage Corp. is the named mortgagee;
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: 71786575345000151872
CERTIFIED MAIL NO. FSN: 71786575345000157485
CERTIFIED MAIL NO. NOPP: 71786575345000171658
Kristin Sorensen
522 Kodiak Circle
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000151896
CERTIFIED MAIL NO. FSN: 71786575345000157508
CERTIFIED MAIL NO. NOPP: 71786575345000171672
Kristin Sorensen
P.O. Box 84
Wilson, WY 83014
CERTIFIED MAIL NO. NOI: 71786575345000151926
CERTIFIED MAIL NO, FSN: 71786575345000157522
CERTIFIED MAIL NO. NOPP: 71786575345000171696
Lance C, McFadden
P.O. Box 84
Wilson, WY 83014
CERTIFIED MAIL NO. NOI: 70081830000133191157
CERTIFIED MAIL NO. FSN: 70083230000075867608
CERTIFIED MAIL NO. NOPP: 70083230000075873913
Mortgage Electronic Registration Systems, Inc as nominee for
Taylor, Bean & Whitaker Mortgage Corp.
1417 N. Magnolia Avenue
Ocala, FL 34475
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CERTIFIED MAIL NO. NOI: 71786575345000151889
CERTIFIED MAIL NO, FSN: 71786575345000157492
CERTIFIED MAIL NO. NOPP: 71786575345000171665
Kristin Sorensen
3644 South 1100 East
, Salt Lake City, UT 84106
CERTIFIED MAIL NO. NOI: 71786575345000151902
CERTIFIED MAIL NO. FSN: 71786575345000157515
CERTIFIED MAIL NO. NOPP: 71786575345000171689
Lance C. McFadden
522 Kodiak Circle
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000151933
CERTIFIED MAIL NO. FSN: 71786575345000157539
CERTIFIED MAIL NO. NOPP: 71786575345000171702
Lance C. McFadden
3644 South 1100 East
Salt Lake City, VT 84106
CERTIFIED MAIL NO. NOI: 71786575345000151919
CERTIFIED MAIL NO. FSN: 71786575345000157546
CERTIFIED MAIL NO. NOPP: 71786575345000171719
Occupant
522 Kodiak Circle
Thayne, WY 83127
Certificate of Sale
Sorensen 08-26186
Page 4 of 8
ÜOv537
CERTIFIED MAIL NO. NOI: 70081830000133191140
CERTIFIED MAIL NO. FSN: 70083230000075867585
CERTIFIED MAIL NO. NOPP: 70083230000075873890
Mortgage Electronic Registration Systems, Inc
P.O. Box 2026
Flint, MI 4850 I
CERTIFIED MAIL NO. NOI: 70081830000133191133
CERTIFIED MAIL NO. FSN: 70083230000075867592
CERTIFIED MAIL NO. NOPP: 70083230000075873906
Taylor, Bean & Whitaker Mortgage Corp,
14i7 N. Magnolia Avenue
Ocala. FL 34475
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was January 12, 2009 and the date of the first publication of the
notice of foreclosure sale was February 26, 2009.
FURTHER AFFIANT SA YETH NAUGHT.
State of Wyoming
County of Natrona
This in9!r:ument was acknowledged before me on
¡ q day of n"ì Clf Cr ) , 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
Nott~~
(Signatur of n tanal officer)
Title (and R nk)
My commission expires: maxcn il7, ?;ìO f I
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Certificate of Sale
Sorensen 08-26186
Page 5 of 8
EXHIBIT B
PUBLISHER'S AFFIDAVIT
,,~." r3~:""I
f...CJ\.J~. d
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
'....,."FORECLOSURE SALEN()TICE
WHEREAS, default in the payment of principahuid iIÌ.terest has occurred
under the tenns of a promissory note (the "Note") dated March 29, 2007,
executed and deliveredby Kristin Sorensen and Lance C. McFadden
("Mortgagor(s)")to ¥pí:tg¡igeElectronic ~egistrlltion SysteffiS,Inc., asnomi-
nee for Taylor, Bean & Whitaker Mortgage Corp.; and 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 April 2, 2007, at Reception No. 928095 in Book
653 at Page 27~ in the reèordsöf the office ofthe County Clerk and ex-officio
Register of Deeds in an(, fOI: Lincoln County, State of Wyoming; and
WHEREAS, the Mortgage contains a power of sale which by reason of
~aid default, the Mortgagee declares to hay~ become operative; and no suit or
proceeding has been instituteµ ¡it la~torepover the debt secured by the Mort-
gage', or any part thereof,.norpasanysqçh'suit or proceeding been in~tituted
and the same discontinued; áÌ1çl' . , '
WHEREAS,written notice of intent to foreclose the Mortgage by adver~
tisement ~d. sale, ~~, bee~ s¡;:rved UPOI1.tl1e:reSP~ci.o~l.1er ¡iml,thePIl11y" in
possession of the mörigagedpreinisesat least teti(lO) dàys þriortothecom-
mencement of this. publication, and the arnountdu~upon the Mortgage on the
date of first publicationofthis,l.10tice ofsaie be41gthe total sum of $217 ,~12.g6~
which, sum' consists,dfthe.unp\Ùd pririqipRl' jli!anç!ióf,$207,69q~QO. plus in.",
terest accrued to the date of the first publication of this notic,e in. the aµ¡.ount
of $9,668.78, plus late charges in the ¡:¡mountof$3~2.71, l~ss.out~~dlng
balance in the ¡i11ouIlt of ~138.66,plus attomey~" fees, costSeJ!:pèn;ded., and,'
accruing interest and late charges after the date offirstpublicatiòn of this
notice of sale;
WHEREAS,.Thepr()p~rtyqeingJorecl()sed upon may be S?bjeèt~o.other
.,,1iensand elÌbU11brances 'that will not be exringuished at the salè.' Any prO-
spectivepurchaser should research the status of title before submitting, a bid;
NOW, THEREFORE Mortgage Electronic 'Registration System~, Inc as,
nominee· ,.for1ì\ylor,.Be!ffi. 8t.Whitli](er MOrt~ageFp1]J~j as" the Mptlgagee, ,
wiU'.havetheMórtgage .foJ.'eplosecias Þy layv!w.;ovidedbycau~ing,tije.,mort~ ",
gaged 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
o'clock in the forenoon on February 24,2009 at the front door of the Lincoln
County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln
County, for application on ~e above-described amountS secured by the. Mort- '
gage, said mortgaged property being described as follows, to-wit:
, LOT 13 OF BEAR HOLLOW TWIN HOMES SUBDIVISION, LIN-
COLN COUNTY, WYOMING AS DESCRlBED ON THE OFFICIAL PLAT
THEREOF. i , ' .' ' ,
,with an address of 522 Kodiak Circle, Th!!-yn~, WY 83127.
Together with all imprQvements tþereo~ ~ituaw: an.lI.all fixtures and app.ur~
tèÏÙmces .'tlien~tQ;~:,;, "..,(~'... ;'-,~,,; ¡ '¡, ·::~-.".¡._'..I'..~:Jr:;'''~~~~lf;¡ I "~.:','~~.::':"', ~~ 'I:'-,';.'! '.., .,_:d. .,:, "..r' ,¡!'<
"'! ,,Mg¡;tg~gr,ßlectrol).Í81~·Hgistrll:tion, ~ystYP'l~"'~,C;t~, no~~e~ ,fof,T!!-ylor,
, Bean & yy .uitaker mortgage. Corp.
,By: Danette Baldacci
, Castle, Meinhold & Stawiatski
. Legal Services, LLC
3.3Q S.Walsh Drive, Ste. 202
Casper, wY82609-0000
,'., . '. '(307) 3335379'
" 0129A
"V"r-'Kg
Kemmerer Wyoming
STATE OF WYOMING
) ss.
County of Lincoln
I, Michael Jensen, d.o 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
saìd newspaper for ~ insertions, the
first publication having been made on the
~ day of ~~ua~Ið'.
A.D., 20--'1.fL-, and the last publication on
the...l.:L day of Jg1h1Ja~
A.D., 20..1EL; that said notice 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 no I III a
"
supplement.
~~ .
Michael Je sen, Publisher
.,
Subscribed in my presence and sworn to
C,;ertltlcate of Sale
Sorensen 08-26186
Page 6 of 8
EXHIBIT B
OOi.i539
PUBLISHER'S AFFIDAVIT
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
..,f , " '""
..f:-~OTJ:CE:'OF'P9STPt?NE~~{~ '7@$û ~
Q) (, OF EORECLOSURKSALE "iI¡~~e ·~o~
@,.1AS, default in the payment of princiP!Ù and interest hasoð(e ðcl
Ulo" ~/termsof a promissoryrtote (the "Note") dated March 29, 2U0.7,
execlhvdand delivered by ,Kristin SorenseI\:and Lance C. MqFadden
("Mortgagor(s)") to Mortgage Electronic RegisqationSystems, Inc" as nomi-
nee for Taylor, Bean &Whit:&<:er Mortgage, Corp. ('~Mortgagee")"aricl'a real
estate mortgage (the "Mortgage'.') of the sam~ date, securing ,the Note; which
Mortgage was executed and. delivered by MOI1gagor(s), tOMortgagee; and
which Mortgage was recorded in the records of the office of the County Clerk
and ex-officio Register ofpeeds in and for Uncoln County, State,ofWyo-
ming, on April 2, 2007, at~eception No. 928095 in Book 653 at Page 272;
wHEREAS, written notice ofintenuoforeclose ~eMortgage by adver-
tisement ancl sale,pursuant to the terms of the Mortgage, has been ,served
upon the record oWner an~ party in possession of the mortgaged PJ;'emise$ at
least ten (10) days pnor to first publication, of the noµce of sale;' ",
The pröperty covered by said Mortgageis,described as follows: '
LOT 13 OF BEAR HOLLOW TWIN HOMES SUBDIVISION; <LIN-,
COLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
THEREOF. .',,', '., "...,', ",' <"1"",',1"
, ,with an address of 522 Kodiak Circle,ThaYIie,WY 83¡27. >,. '\",c,,'
, WHEREAS, theprope~being foreclqseduppnmaybe subje~tto other
liens and encumbrances tha~ :will, not be extii)guished atthesaleiAny, pro-
sPective, purchaseNhould research.the statµs ciftitle bèfore submittirig a bid;
, " NOTICE IS HEREBY GIVEN, pursuant to Wyoming Statutes Secnön'
34-4-109 (2003) that the fore,closure sale of the ~bove Mortgage, scheduled
for February 24, 20.09 at the, front door' of the LincólnCöunty Courthoùl¡ie
located at 925 Sage Avenue, Kemmerer,WY, Lincoln Coµnty, State ofWyò-
ming, has been postponed ,to 10:0.0. o 'clocl,c in the forenoon on March¡24,
20.0.9 at the front door of the Lincoln CountyCoµrthoúse located at 925Sàge
Avenue, Kemmerer, WY, Lincoln County, Sta~e of Wyoming. :1,'0'.,
Mortgage Electronic ,Regisqation Systems,Inc as nominee forTaylôr,
Bean & Whitaker Mortgage Corp,
By: Danette Bå1dâ6ci
Castle, Meinhold, & Stawiarski Legal Services;:µ';C
, 330.Walsh Drive, Ste.20.2
'çasper, VfY 82699~OOOO
. 307333!5379
Publish: February 26; 20.0.9, March 5,12,19,20.0.9 ", 0.226:0
ROSEMARY CAPEll N· NOTARY PUBLIC
County 01 State of
Untoln Wyomln,
M Commission E~p¡res May 5. 2012
Kemmerer Wyoming
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
, 'I'
, ,
Kemmerer, Lincoln County, Wyoming;
that the notice attached hereto, and which
is part of the affidavit, was published in
saîd newspaper for --±- insertions, the
first publication having been made on the
~daYOf~
A.D., 20 oct ,and the last publication on
the ~ day of \fV\l1hº~ \
A.D., 20 t)C{ ; 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 In the
'1
!
newspaper proper, and nol III a
supplement.
ensen, Publisher
Subscribed in my presence and sworn to
day of
., 20.12!1-.
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
) SS
COUNTY OF NA TRONA )
(;Æhi540
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 $2,643.15
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 700.00
Title Commitment 790.00
Postage 212.10
Photocopies 28.25
Publication Cost 402.00
Publication Cost NOPP 289,80
Date Down Policy 100.00
Conduct Sale 50.00
Record Cert. of Sale 29.00
Record Assn, of Cert. of Sale 11.00
Record Sheriff's Deed 11.00
Sheriff's Fee - Sale 10.00
Sheriff's Fee - Costs 10.00
Total $2,643.15
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.
\
----.J
State of Wyoming
County of Natrona
. This instrument was acknowledged before me on I c¡ day of
rYìQrr__h ,2009 by Danette Baldacci as attorney of Castle, Meinhold and
Stawiarski Legal Services, LLC. )
j! ;, g~~o~~-0
\"""'.>.-._: ".. ,"';''''<'' .' ," r; Title (and RanK')
, ~ -, "., f..... "~<;. -.~~ ~
My commission expires:' y(~ Clf C~ì f (7] (ðìO I \
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Certificate of Sale
Sorensen 08-26186
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