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HomeMy WebLinkAbout9479266010917912 CERTIFICATE OF SALE IrD 0V059 STATE OF WYOMING ) ) SS COUNTY OF LINCOLN ) M. 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 December 14, 2006, executed and delivered by Cody Thomson and Megan Thomson to Mortgage Electronic Registration Systems, Inc., as nominee for Accredited Home Lenders, Inc. and (b) that certain mortgage dated December 14, 2006 (the "Mort-gage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 15, 2006, at Reception No. 925375 in Book 643 at Page 586 , 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 22 OF TEE MONT SECOND FILING SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON SEPTEMBER 7, 1976 AS INSTRUMENT NO. 483480 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 68 Tee Mont Circle , Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: LPP Mortgage Ltd Assignment dated: December 5, 2008 Assignment recorded: February 26, 2009 Assignment recording information: at Reception No. 945579 in Book 716 at Page 357 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, LPP Mortgage Ltd ("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 COSPkg Certificate of Sale RECEIVED 6/23/2009 at 10:53 AM Thomson 09-09176 RECEIVING # 947926 Page 1 of 7 BOOK: 726 PAGE: 59 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY E1106060 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the May 28, 2009 issue of said newspaper and ending with the June 18, 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 June 23, 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 $ 205.185.94 ("Bid Sum"), which was bid and offered by LPP Mortgage Ltd ("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 $1,983.80 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 June 23, 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 23 day of June 2009. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print "a John Jackman Title: Deputy Sheriff COSPkg Certificate of Sale Thomson 09-09176 Page 2 of 7 (900061- ACKNOWLEDGMENT STATE OF WYOMING COUNTY OF LINCOLN ) SS The foregoing instrument was subscribed in my presence and acknowledged before me by _ John Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this 23 day of June , 2009. Witness my hand and official seal. Notary Public My Commission Expires: ELINCOLN ES - Al NOTPUBLIC S7A7E OF WYOMINIIGII pires 4 l .~....+-.r.~-,sue CO SPkg Certificate of Sale Thomson 09-09176 Page 3 of 7 C 00, 062 EXHIBIT A 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 December 14, 2006 (the "Mortgage"), and recorded on December 15, 2006, at Reception No. 925375 in Book 643 at Page 586 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 Cody Thomson and Megan Thomson ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Accredited Home Lenders, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: LPP Mortgage Ltd Assignment dated: December 5, 2008 Assignment recorded: February 26, 2009 Assignment recording information: at Reception No. 945579 in Book 716 at Page 357 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: 71786575345000209627 CERTIFIED MAIL NO. FSN: 71786575345000214164 Cody Thomson 68 Tee Mont Circle Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000209634 CERTIFIED MAIL NO. FSN: 71786575345000214171 Cody Thomson P.O. Box 98 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71786575345000209641 CERTIFIED MAIL NO. FSN: 71786575345000214188 Megan Beth Thomson 68 Tee Mont Circle Afton, WY 83110 CERTIFIED MAIL NO. NOI: 70082810000023119967 CERTIFIED MAIL NO. FSN: 70082810000023106790 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000209658 CERTIFIED MAIL NO. FSN: 71786575345000214195 Megan Beth Thomson P.O. Box 98 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71786575345000209665 CERTIFIED MAIL NO. FSN: 71786575345000214201 Occupant 68 Tee Mont Circle Afton, WY 93110 Certificate of Sale Thomson 09-09176 Page 4 of 7 ' K-7 U9 CERTIFIED MAIL NO. NOI: 71786575345000209672 CERTIFIED MAIL NO. NOI: 71786575345000209689 CERTIFIED MAIL NO. FSN: 71786575345000214218 CERTIFIED MAIL NO. FSN: 71786575345000214225 Accredited Home Lenders, Inc. LPP Mortgage Ltd 10900 Stonelake Blvd., Suite 350 15770 Dallas Pkwy LB 62 Austin, TX 78759 Dallas, TX 75248-3305 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 13, 2009 and the date of the first publication of the notice of foreclosure sale was May 28, 2009. FURTHER AFFIANT SAYETH NAUGHT. State of Wyoming County of Natrona i.UaPr-V- qy: anette Ba4. adci Cale, Meinhold, & Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609-0000 3073335379 This instrument was acknowledged before me on day ofu)P, , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. OARY Pl19LIC ~ V ,1 gg V a .ar HOLLY ~I~,IA,GNER x;a,TE:OFwvoMIN~ Sgnature of notarial officer) C,C)UNTY' OF NATRONA 1416 Coiss in . E;c EKFCi2p11 Title (and Rank) My commission expires: fy)(Irch 0),'(M I I COSPkg Certificate of Sale Thomson 09-09176 Page 5 of 7 c.)OU, ®64- EXHIBIT B PUBLISHER'S AFFIDAVIT AFFIDAVIT OF PUBLICATION STATE OF WYOMING Kemmerer Gazette ) ss. Kemmerer, Wyoming County of Lincoln FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal, and interest has oc- I, Michael Jensen, do solemnly swear that curved under, the terms of a.promissory note (the "Note") dated Decem- ber 14, 2006, executed: and delivered by. Cody Thomson and Megan Thomson ("Mortgagor(s)") to Mortgage Electronic Registration Systems, I am the publisher of the Kemmerer Inc., as nominee for Accredited Home Lenders, Inc'., and a real estate mortgage (the "Mortgage") of the same date securing the Note, which d ' a weekly paper of general Gazette Mortgage was execute and delivered by said Mortgagor(s), to said Mort- , gagee, and which Mortgage was recorded on December 15,'2006, at Reception No. 925375'in Book 643 at Page 586 in the records of the ' circulation, published once a week at 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: Kemmerer, Lincoln County, IVy0lTlln~ ; Assignee: LPP Mortgage Ltd Assignment dated: December 5, 2008 Assignment recorded: February 26, 2009 that the notice attached hereto, and which Assignment recording information: at Reception No. 945579 in Book 716 at Page 357 All in the records of the County Clerk and ex-officio Register of Deeds is part of the affidavit, was published in in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason said newspaper for insertions the 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 Mortgage, or any part thereof, nor has any such suit or proceeding first publication having been made on the been instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the a8 day of Ol l party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the A.D., 20and the last publication on total sum of $199,183.85 which sum consists of the unpaid principal balance of $187;446.95 plus interest accrued to the date of the first pub- the da A L of C% 11/1 V lication of this notice in the amount of $11,736.90, plus attorneys' fees, y - - J 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 A.D., 20_Qq that said no( ice was other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research4he status of title before sub- published in a regular and entire issue of mitting a bid; NOW, THEREFORE LPP Mortgage Ltd, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mort- the paper(s) in which it was published; and 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 June 23, 2009 at the that said notice was published in the front-door of the Lincoln County Courthouse located at 925 ,Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above-described amounts secured by the Mortgage, said mortgaged newspaper proper, and nol in a property being described as follows, to-wit: . LOT 22 OF TEE MONT SECOND FILING SUBDIVISION, LIN- supplement COLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL . PLAT FILED ON SEPTEMBER 7,1976 AS. INSTRUMENT NO. 483480 „ OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 68 Tee Mont Circle, Afton, WY. 83110. Together, with all improvements thereon situate and all fixtures and appurtenances thereto. Micha Jensen, Publisher LPP Mortgage Ltd By: Danette Baldacci Castle, Meinhold & Stawiarski Legal Services, LLC Su rl e 1 presence and sworn to ' 330 S. Walsh Drive, Ste. 202 : Casper, WY 82609-0000 (307) 333 5379 A/b ore me on is day of Published: May 28, June 4, 11, 18 0528A A.D., O. EROSEMARY CAPEL~ LEN OTARY PUBUC State of Wyoming isslon Expires May 5, 2012 COSPkg Certificate of Sale Thomson 09-09176 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING COUNTY OF NATRONA SS r"00®65 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 $1,983.80 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 745.00 Statutory Notice Fee 104.00 Publication Cost 427.80 Conduct Sale 50.00 Record Cert. of Sale 26.00 Record Sheriffs Deed 11.00 Sheriff's Fee - Sale 10.00 Sheriffs Fee - Costs 10.00 Total $1,983.80 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 AFFIANT Re,Meinhold, AUGHT. 3 J 4A 4 d"Icl ,d ci & Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609-0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on C day of (A C , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. BLIC nu~1 HOLLY WAGNER C? 5TAT= O w`10MINC (Signature f notarial btficer) COUNW OF NATR©NA ~ M Carr is i n Ex. streret4 .;r f" 0 i1 1 ~i (,L jr I c,rte i Title (and Rank) My commission expires: 1~1Gt.roi t q), -)-)ci i COSPkg Certificate of Sale Thomson 09-09176 Page 7 of 7