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HomeMy WebLinkAbout9503546010917710 RECEIVED 11/3/2009 at 12:53 PM RECEIVING 950354 BOOK: 735 PAGE: 131 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY CANCELLATION AND RESCISSION OF CERTIFICATE OF SALE 0001.31 avid Perez (hereinafter "Affiant M 7 Systems, Inc. as nominee for Countrywide Bank, N.A being first duly sworn upon a a E his /her oath, states as follows: Q Y ASSISTANT VICE PRESIDENT for Mortgage Electronic Registration 1. Affiant's company, hired Wyoming counsel to conduct the foreclosure sale of the first mortgage on the subject property held by Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, N.A.. The mortgage on the subject property was originally held by Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A.. by a mortgage dated January 2, 2007 and recorded on January 3, 2007, at Reception No. 925796 in Book 645 at Page 390 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming. The property is described as follows: LOT 101 IN STAR VALLEY RANCH PLAT 12, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 940 Vista Drive Star Valley Ranch, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 2. Said foreclosure sale was conducted by the Sheriff in and for Lincoln County, Wyoming at the time and place specified in the Notice of Foreclosure Sale, to -wit: On June 2, 2009 at 10:00 am in the forenoon at the front door of the Lincoln County Courthouse in the City of Kemmerer, Lincoln County, State of Wyoming. 3. Said sale was being made pursuant to a Notice of Foreclosure Sale published 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 April 2, 2009 issue of said newspaper and ending with the April 23, 2009 issue thereof and again once a week for five (5) consecutive weeks commencing with the April 30, 2009 issue of said newspaper and ending with the May 28, 2009 issue thereof. Q: \docs_cas2K \wy \CancResc.doc Ramon 09 -04906 4. At the foreclosure sale Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, N.A's bid was the highest and best sum for the real property, that sum being $360,783.48, therefore the Sheriff issued a Certificate of Sale dated June 2, 2009 and recorded June 2, 2009 in Reception No. 947518 in Book 724 at Page 316 of the records of Lincoln County to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, N.A. 5. Following the sale of the property, Mortgagee discovered that the foreclosure sale should not have been held as Federal National Mortgage Association Moratorium had a moratorium on sales that were being considered for workouts. Said mortgage was, at the time, being considered for a workout. WHEREFORE, AFFIANT ON BEHALF OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE BANK, N.A, HEREBY CANCELS AND RESCINDS THE CERTIFICATE OF SALE AND WAIVES ALL RIGHT, CLAIM AND INTEREST TO ANY CLAIM OF TITLE TO THE PROPERTY, SO THAT THE RESPECTIVE PARTIES REMAIN IN THE SAME RELATIVE POSITIONS AS THEY WERE IN BEFORE THE FORECLOSURE SALE, AS IF IT HAD NEVER TAKEN PLACE. Dated this day of OCT 2 1 2009 2009. TEXAS David Assist. Vice President STATE OF WYOMING COLLIN SS. COUNTY OF dN The foregoing instrument was acknowledged, subscribed, and sworn to before me this day of OCT 2 1 2009 ,2009,by David Perez ASSISTANT VICE PRESIDENT for Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, N.A. Wit >h.artid da:nd�offiGial se I. JORGE VARGAS I (/a, My Commission Expires Not ry Pu ll May 5 2010 4d 4TG4.?iq 'JLe My Commi ie x Title (and Rank) MAY 0 5 2010 Q:\docs_cas2K\wy\CancResc.doc f�!� 6 _32 Mortgage EI- ctro is Registration Systems, In as •minee for Countrywid: B. j N.A By Ramon 09 -04906