Loading...
HomeMy WebLinkAbout9502186010918341 COSPkg CERTIFICATE OF SALE STATE OF WYOMING SS 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 April 3, 2008, executed and delivered by Scott A. Cox and Sharlena L. Cox to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC f /k /a GMAC Mortgage Corporation and (b) that certain mortgage dated April 3, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 8, 2008, at Reception No. 938132 in Book 691 at Page 552 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 1 OF SUNRISE SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLATS FILED ON AUGUST 14, 2003 AS INSTRUMENT NO. 892462 AND FILED SEPTEMBER 4, 2003 AS INSTRUMENT NO. 893116 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 1 Buttercup Lane Bedford, WY 83112 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 598 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, Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC f /k /a GMAC Mortgage Corporation "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 October 1, 2009 issue of said newspaper and ending with the October 22, 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 RECEIVED 10/27/2009 at 10:59 AM RECEIVING 950218 BOOK: 734 PAGE: 598 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Cox 09 -21058 Page 1 of 7 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 October 27, 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 $220,089.67 "Bid Sum which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC f /k /a GMAC Mortgage Corporation "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 $2,076.00 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 October 27, 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 27 day of October 2009. COSPkg Shane Johnson OCC)599 Sheriff in and for Lincoln County, State of Wyoming Print lam ,Tohn Tackman Title: Deputy Sheriff Certificate of Sale Cox 09 -21058 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by John c .TaCkman Deputy Sheriff of Lincoln County, State of Wyoming, this 27 day of October 2009 My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA L. HARES NOTARY PUBLIC COUNTY OF LINCOLN STATE OF WYOMING My Commission Expires 7 ACKNOWLEDGMENT SS Notary Public Certificate of Sale Cox 09 -21058 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE CERTIFIED MAIL NO. NOI: 71786575345000277107 CERTIFIED MAIL NO. FSN: 7178657534500028100 Scott A. Cox 1 Buttercup Lane Bedford, WY 83112 CERTIFIED MAIL NO. NOI: 7178657534500027712 CERTIFIED MAIL NO. FSN: 7178657534500028102 Scott A. Cox P.O. Box 4362 Bedford, WY 83112 CERTIFIED MAIL NO. NOI: 71786575345000277145 CERTIFIED MAIL NO. FSN: 71786575345000281043 Scott A. Cox 1545 Bull Pen Way Idaho Falls, ID 83401 -4267 CERTIFIED MAIL NO. NOI: 70091410000064583457 CERTIFIED MAIL NO. FSN: 70091410000064584140 Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation 1100 Virginia Drive Fort Washington, PA 19034 COSPkg EXHIBIT A 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 April 3, 2008 (the "Mortgage and recorded on April 8, 2008, at Reception No. 938132 in Book 691 at Page 552 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 Scott A. Cox and Sharlena L. Cox "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC f /k/a GMAC Mortgage Corporation is the named mortgagee. 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: 71786575345000277114 CERTIFIED MAIL NO. FSN: 7178657534500028101 Sharlena L. Cox I Buttercup Lane Bedford, WY 83112 CERTIFIED MAIL NO. NOI: 7178657534500027713 CERTIFIED MAIL NO. FSN: 71786575345000281036 Sharlena L. Cox P.O. Box 4362 Bedford, WY 83112 CERTIFIED MAIL NO. NOI: 7178657534500027715 CERTIFIED MAIL NO. FSN: 7178657534500028105 Sharlena L. Cox 1545 Bull Pen Way Idaho Falls, ID 83401 -4267 CERTIFIED MAIL NO. NOI: 71786575345000277169 CERTIFIED MAIL NO. FSN: 71786575345000281067 Occupant 1 Buttercup Lane Bedford, WY 83112 Certificate of Sale Cox 09 -21058 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 17, 2009 and the date of the first publication of the notice of foreclosure sale was October 1, 2009. State of Wyoming County of Natrona My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. R LIC i v LYNN NEUBERGER STATE OF WYOMING COUNTY OF NATRONA Commission Exx ±fires Feb 13 2010 B Jeanette Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Thi instrument was acknowledged before me on P- day of Q 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signa re of notarial officer) o (4 I�(,tr3td c Title (and Rank) Certificate of Sale Cox 09 -21058 Page 5 of 7 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note") dated April 3. 2008, executed and delivered by Scott A. Cox and Sharlena L. Cox "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC f/k/a GMAC Mortgage Corpora- tion, and a real estate mortgage (the "Mortgage") of the same datesecur- ing. the Note, which Mortgage was executed and delivered by said Mortgagor(s), to said Mortgagee, and which Mortgage was recordedron April 8, 2008, at Reception No. 938132 in Book 691 at Page 552 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 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 Mortgage, 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 advertisement and sale has been served upon the record owner and the 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'tlns notice Of sale being the total sum of $213,780.51; which sum consistsi'of the' principal balance of $205,271.04 plus interest accrued to the date of the first pub- lication of this notice in the amount of $9,253.98, 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 prospectivepurchaser should`researchthe status of title before sub- mitting a bid; NOW, THEREFORE Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC f/kla GMAC Mortgage Corpora- tion, as the Mortgagee, will have the Mortgage foreclosed as by law pro- vided 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 o'clock in the forenoon on October 27, 2009 at 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 prop- erty being described as follows, to -wit: LOT 1 OF SUNRISE SUBDIVISION, LINCOLN COUNTY, WYO- MING AS DESCRIBED ON THE OFFICIAL PLATS FILED ON AU- GUST 14, 2003 AS INSTRUMENT NO. 892462 AND FILED SEPTEM- BER 4, 2003 AS INSTRUMENT NO. 893116 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 1 Buttercup. Lane, Bedford, WY 83112. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Mortgage Electronic Registration Systems, Inc„ as nominee for GMAC Mortgage, LLC f/k /a GMAC Mortgage Corporation By Danette Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste., 202 Casper, WY 82609 -0000 (307)333 5379 Publish: October 1, 8, 15, 22,,2009,(09- 21058) 1001D ROSEMARY CAPELLEN NOTARY PUBLIC County of r, 3 State of Lincoln Wyoming My Commission Expires May 5, 2012 COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT 03 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; that the notice attached hereto, and which is part of the affidavit, was published in said newspaper for 4 insertions, the first publication having been made on the day of A.D., 20 O and the last publication on the a1 day of A.D., 20 O `1 that said notice was 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. X4 Michael Jensen, Publisher Subscribed in my presence and sworn to on th_ 4A day of A.D., 20 Cci Certificate of Sale Cox 09 -21058 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C {::.0G4F,04 AFFIDAVIT OF ATTORNEY SS 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 $2,076.00 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs State of Wyoming County of Natrona My commission expires: NMAR UMW O F WYOMING R COUNTY OF NATRONA mism Ex. fi res Feb 13 2010 650.00 790.00 104.00 414.00 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,076.00 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 AFFIANYETH NAU B HT. 404 anette B.Is -cci e, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on o) day of 6 eibbi, 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Servicqs, LLC. (Signatjlre of notarial officer) Creaecl Pcve Title (and Rank) 2 -i 3 Certificate of Sale Cox 09 -21058 Page 7 of 7